McFarland v. . Cornwell
Supreme Court of North Carolina
Appeal from J oseph Adams, J., Spring Term, 1909, of Pole. This is an action in the nature of ejectment, to recover possession of a tract of land. These issues were submitted, without objection: 1. “Are the plaintiffs the owners of and entitled to the possession of the land described in the complaint ?” Answer: “No.” 2. “Is defendant in possession of said land?” Answer: “Yes.” 3. “Are plaintiffs barred by the statute of limitations ?” Answer: “Yes.”
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Appeal from J oseph Adams, J., Spring Term, 1909, of Pole. This is an action in the nature of ejectment, to recover possession of a tract of land. These issues were submitted, without objection: 1. “Are the plaintiffs the owners of and entitled to the possession of the land described in the complaint ?” Answer: “No.” 2. “Is defendant in possession of said land?” Answer: “Yes.” 3. “Are plaintiffs barred by the statute of limitations ?” Answer: “Yes.” From a judgment for the defendant the plaintiffs appealed.
1Opinion of the CourtBbown, J.
The land in controversy was the property of J. 0. McFarland, who, in 1891, undertook to mortgage it to F. M. Burgess.’ The mortgage is defective, in that it has no seal. The land was sold under the power contained in the mortgage, and was conveyed to W. E. Hill by F. M. Burgess on 9 August, 1894; Hill conveyed to F. M. Burgess, 11 August, 1894; Burgess conveyed, 10 September, 1894, to R. S. Abrams, for the consideration of $350, who then entered into actual and exclusive possession. On 15 April, 1897, Abrams conveyed to defendant, Robert L. Cornwell, who has been in actual possession ever…
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