Fleming v. . Sexton
Supreme Court of North Carolina
Civil ACTION tried before Lyon, J., at February Term, 1916, of HARNETT. Tbis is an action to recover possession of the tract of land described in the complaint, the rents and profits thereof during its occupancy by the defendants, and damages for the cutting and sale of certain timber. The plaintiffs allege that they are the owners in fee of the land and that the defendants are in the wrongful possession thereof, and these allegations are denied by the defendants.
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Civil ACTION tried before Lyon, J., at February Term, 1916, of HARNETT. Tbis is an action to recover possession of the tract of land described in the complaint, the rents and profits thereof during its occupancy by the defendants, and damages for the cutting and sale of certain timber. The plaintiffs allege that they are the owners in fee of the land and that the defendants are in the wrongful possession thereof, and these allegations are denied by the defendants. It was admitted that the plaintiffs, claiming by inheritance through Irene McCoy, who intermarried with the defendant Sexton, were…
1Opinion of the Court
AlljüN, J.
This action was commenced to recover possession of the land described in the complaint, rents and profits during occupancy by the defendants, and damages for trespass in cutting and selling timber from the land. ,
The plaintiffs proceed upon the theory that they are the owners in fee of the land through inheritance from Irene McCoy, who was the owner in fee and intermarried with the defendant Sexton, and that the possession of the defendants is wrongful.
The defendant filed answer denying the title of the plaintiffs, and on the trial offered evidence tending to prove that during his…
2Cases cited9 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- McLean v. . BreeseSupreme Court of North Carolina · 1891
- Weeks v. McPhail.Supreme Court of North Carolina · 1901
- Hodges v. . HodgesSupreme Court of North Carolina · 1890
- Baxter v. . IrvinSupreme Court of North Carolina · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Payne v. R. H. White Co.Massachusetts Supreme Judicial Court · 1943
- Homeland, Inc. v. BackerCourt of Appeals of North Carolina · 1985
- Jelser v. . WhiteSupreme Court of North Carolina · 1922
- Mfg. Co. v. . BrooksSupreme Court of North Carolina · 1890
- Devone v. PickettCourt of Appeals of North Carolina · 2002
5 more not listed; retrieve them via the Exa API.