Hawkins v. . Cedar Works
Supreme Court of North Carolina
Civil action for damages for trespass on land and an injunction, heard before Timberlake, J., at Fall Term, 18SHI, of Dare Superior Court, on exceptions to the report of Hon. H. G. Connor, referee.
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Civil action for damages for trespass on land and an injunction, heard before Timberlake, J., at Fall Term, 18SHI, of Dare Superior Court, on exceptions to the report of Hon. H. G. Connor, referee. The case as constituted is a consolidation of cross actions by the parties, and was originally referred to H. G. Connor, F. H. Busbee and W. D. Pruden, but the two last named, being of counsel for the parties, withdrew from the. decision of the case and left it solely to Mr. Connor. The record is voluminous, and the exceptions to the findings of fact and conclusions of law are numerous. His Honor…
1Opinion of the Court
Clark, J.:
Sykes had been in possession a year or more before he obtained the Belangia deed, hut it is not necessary to ripen a title by seven years adverse possession that the entry shall be made under color of title, nor, when color of title is obtained subsequent to the entry, that any declaration shall be made or any act of publicity shown to indicate that the holding thereafter is under color of title Every possession is presumed to be under such title as the party in possession holds, and from the time such title is acquired. Bryan v. Spivey, 109 N. C., 57, does not sustain the…
2Cases cited2 opinions
- Bryan v. . SpiveySupreme Court of North Carolina · 1891
- Benbow v. . MooreSupreme Court of North Carolina · 1894
3Cited by15 opinions
- Mullen v. Town of LouisburgSupreme Court of North Carolina · 1945
- Edmundson v. EdmundsonSupreme Court of North Carolina · 1942
- Edmundson v. . EdmundsonSupreme Court of North Carolina · 1942
- Sturtevant v. Selma Cotton MillsSupreme Court of North Carolina · 1916
- Wilson v. RobinsonSupreme Court of North Carolina · 1945
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