Graham v. . Houston
Supreme Court of North Carolina
Trespass -quare ceausum ere git, tried before Settee, Judge, at Fall term, 1833, of Duplin Superior Court. The plaintiff claimed the land on which the alleged trespass was committed, under a deed from Daniel Glis-son, sheriff of Duplin, to one Jacob Williams, dated 23d January, 1793, and produced the judgment and execution under which the land was sold.
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Trespass -quare ceausum ere git, tried before Settee, Judge, at Fall term, 1833, of Duplin Superior Court. The plaintiff claimed the land on which the alleged trespass was committed, under a deed from Daniel Glis-son, sheriff of Duplin, to one Jacob Williams, dated 23d January, 1793, and produced the judgment and execution under which the land was sold. Jacob Williams died in October, 1823, and the land descended to his daughter, the wife of the present plaintiff — the plaintiff and those under whom he claimed had been in the actual and continued possession of different parts of the land…
1Opinion of the Court
RtjeeiN, 'Chief-Justice.
The counsel for the appellant has made several points, of which, that principally relied on is, that the Judge of the Superior Court erred in holding, that under the act of 1791, a possession of twenty-one years with color of title under known and visible boundaries, constitutes a valid title, and that no evidence tending to rebut the presumption that a grant had in fact issued, can defeat such title.
The act is entitled, “ an act for quieting ancient titles and limiting the claim of the State and its enacting words are, that such possessions shall be a legal bar…
2Cited by11 opinions
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- Lieberman v. ClarkTennessee Supreme Court · 1904
- State v. BakerSupreme Court of North Carolina · 1949
- Ware-Kramer Tobacco Co. v. American Tobacco Co.U.S. Circuit Court for the District of Eastern North Carolina · 1910
- Sledge v. MillerSupreme Court of North Carolina · 1959
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