Legal Opinion

McDaris v. Breit Bar" T" Corporation

Supreme Court of North Carolina

Decided September 22, 1965No. 122PublishedCited by 29 opinions

1Opinion of the CourtMoose, J.

This is an action in ejectment, instituted 18 October 1963. Defendants appeal from judgment, conforming to the jury’s verdict, declaring plaintiffs the owners and entitled to the possession of the land described in the complaint.

Plaintiffs’ claim of ownership is based on adverse possession “under known and visible lines and boundaries and under color of title, for seven years.” G.S. 1-38; Mobley v. Griffin, 104 N.C. 112, 10 S.E. 142. For color of title plaintiffs rely on a deed from the Board of Tax Supervision of Buncombe County, executed and recorded 29 August 1946. The deed recites: “The…

2Cases cited22 opinions

  1. Mobley v. . GriffinSupreme Court of North Carolina · 1889
  2. Andrews v. BrutonSupreme Court of North Carolina · 1955
  3. Locklear v. OxendineSupreme Court of North Carolina · 1951
  4. Early v. EleySupreme Court of North Carolina · 1956
  5. Thompson v. . UmbergerSupreme Court of North Carolina · 1942

17 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Cutts v. CaseySupreme Court of North Carolina · 1971
  2. Builders Supplies Co. of Goldsboro, NC, Inc. v. GaineySupreme Court of North Carolina · 1972
  3. Beam v. KerleeCourt of Appeals of North Carolina · 1995
  4. Cummings v. Dosam, Inc.Supreme Court of North Carolina · 1968
  5. State v. JohnsonSupreme Court of North Carolina · 1971

24 more not listed; retrieve them via the Exa API.

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