Blue Ridge Land Co. v. Floyd
Supreme Court of North Carolina
Civil actiow tried, before Harding, J., and a jury, at May Term, 1914, Of HENDERSON. Tbis action was brought to recover land. Plaintiffs showed a complete chain of title from the State by grant and mesne conveyances. Defendant relied on adverse possession under color of title.
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Civil actiow tried, before Harding, J., and a jury, at May Term, 1914, Of HENDERSON. Tbis action was brought to recover land. Plaintiffs showed a complete chain of title from the State by grant and mesne conveyances. Defendant relied on adverse possession under color of title. The court charged the jury as follows: “If the defendant has satisfied you by the evidence in this case — he is not required to satisfy you by the greater weight of the evidence or beyond a reasonable doubt, but to satisfy you upon the evidence in this case; the burden being upon the plaintiff to satisfy you by the…
1Opinion of the CourtWalker, J.
When this case was before us at a former term it appeared, as it does in this record, that plaintiff claimed under a grant and mesne conveyances which vested the title and right of possession in him. This entitled him to recover unless defendant could show that there was an outstanding paramount title or that he had in some way acquired title. He undertook to do this by showing color of title and adverse possession under it, which he says was sufficient to ripen his title. But this was an independent defense, affirmative in its nature, and imposed upon the defendant the burden of proof to…
2Cases cited9 opinions
- Bryan v. . SpiveySupreme Court of North Carolina · 1891
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
- Ruffin v. . OverbySupreme Court of North Carolina · 1890
- Currie v. . GilchristSupreme Court of North Carolina · 1908
- Bland v. . BeasleySupreme Court of North Carolina · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Virginia-Carolina Power Co. v. TaylorSupreme Court of North Carolina · 1927
- Gibson v. DudleySupreme Court of North Carolina · 1951
- Barbee v. EdwardsSupreme Court of North Carolina · 1953
5 more not listed; retrieve them via the Exa API.