Whissenhunt v. . Jones
Supreme Court of North Carolina
Civil ActioN to recover Possession of Land, removed from Caldwell and tried at November Special Term, 1877, of Burke Superior Court, before Schenck, J. Both parties claimed title under Henry Yount. The defendants) Mack Chester and Wesley Watson, were at first-let into possession of the land in dispute as tenants of the plaintiff. The defendant, Yount, came in and defended the action as landlord.
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Civil ActioN to recover Possession of Land, removed from Caldwell and tried at November Special Term, 1877, of Burke Superior Court, before Schenck, J. Both parties claimed title under Henry Yount. The defendants) Mack Chester and Wesley Watson, were at first-let into possession of the land in dispute as tenants of the plaintiff. The defendant, Yount, came in and defended the action as landlord. The defendant, Jones, was also allowed to be made a party defendant; and in his answer alleged that he was the owner of the land at the time when this ac- * tion was instituted, and that the…
1Opinion of the CourtBynum, J.
1. Both the plaintiff and defendants claimed •title under one Yount. In such case the rule is settled in •this State, that it is not competent for either claimant to •deny that such ■ person had the title; and though the defendants may show that they have in themselves a better title than the plaintiff, they cannot set up a title in a third person. Love v. Gates, 4 Dev. & Bat. 363. The plaintiff here had the elder and superior title and was therefore entitled to recover, unless he was prevented by the next ex. ■■ception.
2. But it was next objected that the plaintiff cannot re cover, because…
2Cases cited1 opinion
- Jones and Wife v. . CarterSupreme Court of North Carolina · 1875
3Cited by18 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Morisey v. . SwinsonSupreme Court of North Carolina · 1889
- Stewart v. . CarySupreme Court of North Carolina · 1941
- Jackson v. TateboWashington Supreme Court · 1892
- Stewart v. CarySupreme Court of North Carolina · 1941
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