Coxe v. . Carpenter
Supreme Court of North Carolina
Appeal by defendants from Gouncill, J., at April Term, 1911, of Pole. Tbe facts are sufficiently stated in the opinion of the Court by Mr. Justice Walicer. This was an action of trespass qua/re clausum fregit. The plaintiffs relied upon color of title and adverse possession. The defendants introduced a grant from the State, which covers the locus in quo, but' did not connect themselves with it, so that it had the effect only of showing that the title was out of the State.
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Appeal by defendants from Gouncill, J., at April Term, 1911, of Pole. Tbe facts are sufficiently stated in the opinion of the Court by Mr. Justice Walicer. This was an action of trespass qua/re clausum fregit. The plaintiffs relied upon color of title and adverse possession. The defendants introduced a grant from the State, which covers the locus in quo, but' did not connect themselves with it, so that it had the effect only of showing that the title was out of the State. There was evidence tending to show that the plaintiffs and those under whom they claim had been in the actual possession…
1Opinion of the Court
"Walkeb, J.
The material issue in this case is easily apparent from the state of the proof and the admissions in the record. Plaintiff did-not have a paper title for the locus in quo, but relied solely upon his color of title and adverse possession. Defendants introduced a State grant for the land, but did not connect themselves with it. The only effect of this evidence was to show that the State claimed no interest in the land, and to relieve the plaintiffs from the necessity of showing that fact. But it is conceded that our decision must turn upon the character of. plaintiff’s possession as…
2Cases cited5 opinions
- McLean v. . SmithSupreme Court of North Carolina · 1890
- Williams v. . BuchananSupreme Court of North Carolina · 1841
- Hamilton v. . IcardSupreme Court of North Carolina · 1894
- Berry v. . McPhersonSupreme Court of North Carolina · 1910
- Simpson v. . BlountSupreme Court of North Carolina · 1831
3Cited by12 opinions
- Locklear v. . SavageSupreme Court of North Carolina · 1912
- Christman v. . HilliardSupreme Court of North Carolina · 1914
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
- Berry v. . CoppersmithSupreme Court of North Carolina · 1937
- Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
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