Neely v. Neely
Supreme Court of North Carolina
Special Pkooeeding commenced on the 7th of September, 1874, in the Probate Court and transferred to and heard at January Special Term, 1878, of Row AN Superior Court, before Kerr, J. The plaintiffs filed a petition for partition of real estate, alleging that they and the defendants were tenants in common of the same. The defendants denied the tenancy in common and pleaded adverse possession for twenty years, sole seizin, and statute of limitations.
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Special Pkooeeding commenced on the 7th of September, 1874, in the Probate Court and transferred to and heard at January Special Term, 1878, of Row AN Superior Court, before Kerr, J. The plaintiffs filed a petition for partition of real estate, alleging that they and the defendants were tenants in common of the same. The defendants denied the tenancy in common and pleaded adverse possession for twenty years, sole seizin, and statute of limitations. The facts are as follows:— In the year 1831, Alexander Neely being the owner in fee of the land in controversy died leaving a last will and…
1Opinion of the CourtByNUM, J.
As there was no evidence of an adverse holding by the defendants, and those under whom they claim, and as the plaintiffs and defendants are tenants in common of the premises in question, and as such the possession of *480one party is the possession of the other, nothing less than a sole possession of twenty years by a co-tenant without any •demand or claim by another co-tenant to rents, profits, or possession, he being under no disability during the time^ will raise a presumption in law that such sole possession is rightful and protect it. This has been decided by numerous cases of which it is…
2Cases cited2 opinions
- Covington v. . StewartSupreme Court of North Carolina · 1877
- Doe Ex Dem. Linker v. BensonSupreme Court of North Carolina · 1872
3Cited by10 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Jones v. . CohenSupreme Court of North Carolina · 1880
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
- Bullin v. Hancock.Supreme Court of North Carolina · 1905
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