Barker v. . Owen
Supreme Court of North Carolina
Betterments — Homestead—Limitations. Inquiry to ascertain the rents and damages claimed by the plaintiff, and the value of the improvements made by the defendant on land recovered in an action of ejectment, tried before Montgomery, Judge, and a jury, at Fall Term, 1885, of RANDOLPH Superior Court.
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Betterments — Homestead—Limitations. Inquiry to ascertain the rents and damages claimed by the plaintiff, and the value of the improvements made by the defendant on land recovered in an action of ejectment, tried before Montgomery, Judge, and a jury, at Fall Term, 1885, of RANDOLPH Superior Court. The plaintiff, suing in forma pauperis, recovered judgment against the defendants for the land in controversy, which on their appeal, no error being shown, was affirmed in this Court at October term, 1884. The defendant Owen, who had beeu.put in possession by the defendant Pope, who held a deed for…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The ruling upon the inquiry to be made by the jury, is in accord with the directions of the statute, which is in these words: “The jury in assessing such damages, should estimate against the defendant the clear annual value of the premises during the time he was in possession thereof, exclusive of the use by the tenant of the improvements thereon made by himself or those under whom he claims; and also the damages for waste or other injury to the premises committed by the defendant.” §474 of The Code.
The plaintiff excepts to the judgment on two grounds:
1. That the…
2Cases cited3 opinions
- Wharton v. . MooreSupreme Court of North Carolina · 1881
- Saunders v. WilsonTexas Supreme Court · 1857
- Merritt v. . ScottSupreme Court of North Carolina · 1879
3Cited by5 opinions
- Johnston v. . PateSupreme Court of North Carolina · 1886
- Carter v. . CarterSupreme Court of North Carolina · 1921
- Jenkins v. Richmond CountyCourt of Appeals of North Carolina · 1990
- Whitfield v. . BoydSupreme Court of North Carolina · 1912
- Bryan v. . AlexanderSupreme Court of North Carolina · 1892