Legal Opinion

Wainwright v. Bobbitt.

Supreme Court of North Carolina

Decided November 27, 1900Published

Civil ActioN by M. II. Wainwright against Randall Bobbitt, Ann Harris, IVLallie Q. Bobbitt, Ben. Bobbitt, and Sam. Bobbitt, the last two infants, by their guardian, E. S. Spruill, .and B. B. Massenburg, attorney, etc., for Mrs. Rachel Jud-kins, heirs at law, heard by Judge E. W. TimberlaJce and a .jury, at April Term, 1900, of Eranklin Superior Court. Erom judgment for plaintiff, the defendants appealed.

1Opinion of the Court

DEPENDANT BOBBITT’S APPEAL.

Montgombby, J.

This is an action for the recovery of the possession of land. The plaintiff claimed, through a sale under an execution, and the sheriff’s deed made in pursuance thereof, of date 10th of April, 1870, and registered on the 31st day of December, 1885 — the last day of grace, under chapter 147, of the Laws of 1885. She (the plaintiff) had had possession from the date of the sheriff’s deed, until •about 1885, since which time the defendants have been in possession. The defendants do not set up' any claim to the land. They have no paper title, and do not…

2Cases cited9 opinions

  1. Rollins v. . HenrySupreme Court of North Carolina · 1878
  2. Miller v. . MillerSupreme Court of North Carolina · 1883
  3. Den on Demise of Hamilton v. AdamsSupreme Court of North Carolina · 1812
  4. Curlee v. . SmithSupreme Court of North Carolina · 1884
  5. McKee v. . LinebergerSupreme Court of North Carolina · 1882

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