Doe on Dem. of Taylor v. Gooch
Supreme Court of North Carolina
Action of ejectment, tried before his Honor, Judge Person, at the Spring Term, 1856, of Warren Superior Court. Solomon Walker took possession of the land described in the declaration, under color of title, in 1790, and died in 1791, leaving an only son, John Walker, who continued in possession under his father’s title, until his death, in 1802. In the same year, and after the death of John Walker, John Washington took possession, and claimed and used the land, as his own,…
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Action of ejectment, tried before his Honor, Judge Person, at the Spring Term, 1856, of Warren Superior Court. Solomon Walker took possession of the land described in the declaration, under color of title, in 1790, and died in 1791, leaving an only son, John Walker, who continued in possession under his father’s title, until his death, in 1802. In the same year, and after the death of John Walker, John Washington took possession, and claimed and used the land, as his own, until his death, in 1826 ; and, by his last will and testament, devised it in fee to his widow, Delphia "Washington, and…
1Opinion of the CourtBattle, J.
The rule that the plaintiff in ejectment must recover on the strength of his own title, either as being in itself good against all the world, or good against the defendant by estoppel, is too well established in the law of this State, to be in the slightest degree shaken by the elaborate argument of the j>laintiff’s counsel. Dunccm v. Dwncam,, 3 Ire. Rep. 316 ; Clark v. Diggs, 6 Ire. Rep. 159. As early as the year 1816, it was said by Mr. Mordeoai, who argued for the plaintiff in the case of Shepherd v. Shepherd, N. C. Term, Rep. 108, that he did not intend to controvert the rule so long…
2Cited by6 opinions
- Stewart v. . CarySupreme Court of North Carolina · 1941
- Stewart v. CarySupreme Court of North Carolina · 1941
- Candler v. . LunsfordSupreme Court of North Carolina · 1838
- Gahagan v. GosnellSupreme Court of North Carolina · 1967
- Caudle v. Long.Supreme Court of North Carolina · 1903
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