Weeks v. McPhail.
Supreme Court of North Carolina
Plaintiff’s Appeal. ActioN by S. M. Weeks against Isaiah. McPhail, Bertha Herring and her husband Eufus Herring, Ada E. Weeks and her husband, J. C. Weeks, J. T. Wilkins, George Daugh-try and Daniel Loekamy, heard by Judge George H. Brown and a jury, alt April Term, 1900, of Sampson County Superior Court. From a judgment for less than relief demanded, the plaintiff and defendant appealed.
1Opinion of the CourtClaeK, J.
This is an action for the recovery of real estate. The complaint alleges that the plaintiff is the owner and entitled to the immediate possession of two tracts of land, first, a tract of 10 acres, describing it by metes and bounds; second, another' tract of 208 acres, describing it also by metes and bounds. The complaint further alleges that the several defendants named are “in the wrongful possession of said two tracts of land and unlawfully withhold possession of the same,” etc. The defendants, McPhail, Herring and Weeks, admit possession of the 70-acre tract, deny plaintiff’s title…
2Cases cited5 opinions
- Brown v. FeeterNew York Supreme Court · 1831
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
- Grant v. . BurgwynSupreme Court of North Carolina · 1881
- Hill v. . OvertonSupreme Court of North Carolina · 1879
- Hedrick v. PrattSupreme Court of North Carolina · 1886
3Cited by3 opinions
- Dunn v. Knights of Gideon Mutual Aid SocietySupreme Court of North Carolina · 1909
- Bryan v. . SpiveySupreme Court of North Carolina · 1890
- Hedrick v. . PrattSupreme Court of North Carolina · 1886