Johnson v. . Nevill
Supreme Court of North Carolina
Civil action for the recovery of the possession of realty, tried before Clarke, J., at Spring Term, 1871, of Halifax Superior Court.
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Civil action for the recovery of the possession of realty, tried before Clarke, J., at Spring Term, 1871, of Halifax Superior Court. The plaintiff', in his complaint, alleged that in 1851, he was seized and possessed of a certain tract of land of three hundred and eighty acres, in Halifax County, and described the same, and that sometime in the fall of 1867 “the defendants entered on a part of said land by force, and still hold possession of said part, about fifty acres,” and demands possession of the said premises. The defendants reply by a general denial of the plaintiff’s title, and claim…
1Opinion of the CourtBodman, J.
The defendants in this Court move in arrest of judgment, on the ground that the lands of which the possession is demanded, are too defectively described to admit of a certain judgment and execution.
The learned counsel admits that the 380 acres, which the plaintiff claims to be entitled to, is sufficiently described. But he contends, that the only land within the issue, is the fifty acres, of which the defendants are alleged to be in possession. In this he is correct; for it is necessary for the plaintiff:’ to allege that he is entitled 'to the possession, and that the defendants withhold it,…
2Cited by4 opinions
- Goff, Cranston & Co. v. PopeSupreme Court of North Carolina · 1880
- Davis v. . HigginsSupreme Court of North Carolina · 1882
- Off v. HeinrichsWisconsin Supreme Court · 1905
- Ferguson v. . WrightSupreme Court of North Carolina · 1894