Wilson v. . Wilson
Supreme Court of North Carolina
Appeal by plaintiff from Lane, J., at the November Term, 1916, of. Mitchell. This is an action to recover land covered by tbe following plat: Tlie plaintiff alleges in bis complaint tbat be is tbe owner of tbe land within the boundaries 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 1, and tbat tbe defendant is in tbe unlawful possession of a part thereof beginning near tbe poplar in line 9, containing about one acre.
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Appeal by plaintiff from Lane, J., at the November Term, 1916, of. Mitchell. This is an action to recover land covered by tbe following plat: Tlie plaintiff alleges in bis complaint tbat be is tbe owner of tbe land within the boundaries 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 1, and tbat tbe defendant is in tbe unlawful possession of a part thereof beginning near tbe poplar in line 9, containing about one acre. Tbe defendant denies tbat tbe plaintiff is tbe owner of tbe land in tbe complaint, and alleges tbat be is tbe owner of tbe part of tbe land be is in possession of. He also alleges in…
1Opinion of the CourtAllen, J.
Tbe plaintiff cannot invoke tbe principle tbat when there is no disclaimer, and tbe plaintiff recovers a part of tbe land in controversy, be is entitled to recover costs, because be has recovered nothing.
Under the first issue, which establishes the line between the plaintiff and defendant “from C to hickory” the defendant would be entitled to more land than he is claiming, and under the third issue it is found that the plaintiff is not the owner of the land described in the complaint. The plaintiff cannot, therefore, claim anything under the issues, and in the judgment “it is adjudged that…
2Cases cited4 opinions
- Cowles v. . FergusonSupreme Court of North Carolina · 1884
- Doe on Demise of Atwell v. McLureSupreme Court of North Carolina · 1857
- Hipp v. . ForesterSupreme Court of North Carolina · 1860
- Doggett v. Hardin.Supreme Court of North Carolina · 1903
3Cited by1 opinion
- State v. . JonesSupreme Court of North Carolina · 1921