May v. Manufacturing & Trading Co.
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at June Term, 1913, of Bubke. Civil action to recover damages for trespass to realty, involving also an issue as to title.
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Appeal by defendant from Cline, J., at June Term, 1913, of Bubke. Civil action to recover damages for trespass to realty, involving also an issue as to title. Tbe plaintiff introduced tbe following deeds: 1. Deed from H. II. . Walton and wife to Alex Sisk, dated 4 October, 1899, containing tbe following description: Beginning on a pine and runs south 85 east 60 poles to a chestnut; thence south 70 east 60 poles to a white oak; thence north 80 poles to a stake; thence west 120 poles to a-stake; tbence south 50 poles to the beginning, containing 50 acres, represented on the annexed plat under…
1Opinion of the Court
Hoke, J.,
after stating tbe case: Tbe plaintiff, relying in great measure on showing title by seven years adverse occupation of land under color, was required to prove title out of tbe State, and endeavored to meet this requirement by showing thirty years adverse possession and also by evidence tending to prove that tbe locus in quo was embraced within a grant of tbe State to Erwin and Greenlee, bearing date in 1795,-and both ■phases of tbe inquiry were submitted to tbe jury on the issue as to plaintiff’s title.
Adverse possession-for thirty-years is one of tbe recognized! methods of showing…
2Cases cited11 opinions
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
- De Frieze v. QuintCalifornia Supreme Court · 1892
- Wade v. McDougleWest Virginia Supreme Court · 1906
- Davis v. . McArthurSupreme Court of North Carolina · 1878
- Bynum v. . ThompsonSupreme Court of North Carolina · 1843
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. BrooksSupreme Court of North Carolina · 1969
- Newkirk v. PorterSupreme Court of North Carolina · 1953
- Carswell v. Town of MorgantonSupreme Court of North Carolina · 1952
- Boyce v. . WhiteSupreme Court of North Carolina · 1947