Lewis v. Covington.
Supreme Court of North Carolina
ActioNS by Abrabam Lewis and J ames Overby against J. R. Oovingto-n and M. E. Overby, and R. W. George against beirs of James Overby, beard by Judge H. B. Btarbuek, at October Term, 1901, of tbe Superior Court of StoKes County. Tbe cases were consolidated, and from tbe judgment for tbe plaintiffs in- tbe first action and tbe defendants in tbe second action, defendants in tbe first action and plaintiffs in tbe second appealed.
1Opinion of the CourtFurches, C. J.
Tbis is an action of ejectment and bas been bere before — reported in 126 N. C., 347, as Lewis v. Overby. When bere before a new trial was awarded tbe defendant, wbicb resulted in a judgment for tbe plaintiff, and tbe defendant again appealed. Tbe case, by consent, was referred to commissioners, and was tried upon their report and exceptions thereto. When tbe case was bere before, a new trial was granted because it was beld below*, that the defendant’s possession and that of those under whom he claimed must have been continuous in order to take the title out of the State. After the opinion of…
2Cases cited5 opinions
- Battle v. MayoSupreme Court of North Carolina · 1889
- Osborne v. . JohnstonSupreme Court of North Carolina · 1871
- D. M. Gudger v. . A. E. BairdSupreme Court of North Carolina · 1872
- Worth v. . SimmonsSupreme Court of North Carolina · 1897
- Lewis v. CovingtonSupreme Court of North Carolina · 1900
3Cited by10 opinions
- Murphy's Hotel, Inc. v. Cuddy's Adm'rSupreme Court of Virginia · 1919
- Price v. WhisnantSupreme Court of North Carolina · 1950
- Morganton Manufacturing & Trading Co. v. Foy-Seawell Lumber Co.Supreme Court of North Carolina · 1919
- Justice v. MitchellSupreme Court of North Carolina · 1953
- United Fuel Gas Co. v. DyerCourt of Appeals for the Fourth Circuit · 1950
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