Hill v. . Overton
Supreme Court of North Carolina
- Civil Action tried at Spring Term, 1878, of Hertford Superior Court, before Henry, J. This action was brought against David Overton and John Hall to recover possession of a tract of land. The case states: The plaintiffs claimed as heirs of their mother.
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- Civil Action tried at Spring Term, 1878, of Hertford Superior Court, before Henry, J. This action was brought against David Overton and John Hall to recover possession of a tract of land. The case states: The plaintiffs claimed as heirs of their mother. It appeared from the evidence that since said land went out of the possession of plaintiffs’ ancestor, it was divided into two distinct tracts, and that the defendants went into possession of their respective tracts at different times and under deeds from different grantors, and that they claimed no interest, each in the other’s part.…
1Opinion of the CourtDilliard, J.
The case shown on the transcript sent up to this court is that plaintiffs having introduced evidence tending to prove possession in their ancestor and those under whom they claimed for a period of time sufficient to take the title out of the state, His Honor held, that as they showed no paper title, hut relied on section 8, chapter 14, of Battle’s Revisal, they must show an adverse possession for seven years in addition to the time necessary to afford a presumption of a grant.
It is well settled in this state that in an action under the general law to recover land upon the title, the claimant,…
2Cases cited1 opinion
- Davis v. . McArthurSupreme Court of North Carolina · 1878
3Cited by8 opinions
- Bryan v. . SpiveySupreme Court of North Carolina · 1891
- State v. . DrySupreme Court of North Carolina · 1910
- Grant v. . BurgwynSupreme Court of North Carolina · 1881
- Freeman v. . RamseySupreme Court of North Carolina · 1925
- People's Bank v. StewartSupreme Court of North Carolina · 1885
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