Christenbury v. . King
Supreme Court of North Carolina
Civil Action to recover land-tried at Spring Term-, 1881,.. of. M-ECKLJSnburg-Superior Court, before Eure, Jl The plaintiff claimed under a deed from Levi Spencer,. William Foster and. wife Mary Ann, and- Rufus Nicholson- and wife Amnabella,.dated< March-15, 187-0,1 to- one -John Davidson, (as to- the execution- of which deed,.the femes covert" were privily examined according todaw) and' a deed from John Davidson to-the- plaintiff' In order to-estop the defendant from,…
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Civil Action to recover land-tried at Spring Term-, 1881,.. of. M-ECKLJSnburg-Superior Court, before Eure, Jl The plaintiff claimed under a deed from Levi Spencer,. William Foster and. wife Mary Ann, and- Rufus Nicholson- and wife Amnabella,.dated< March-15, 187-0,1 to- one -John Davidson, (as to- the execution- of which deed,.the femes covert" were privily examined according todaw) and' a deed from John Davidson to-the- plaintiff' In order to-estop the defendant from, questioning S-pencer’s title, the plaintiff introduced a deed from said Spencer-- dated.......day of.. 18., to- one Sehenck,…
1Opinion of the CourtAshe, J.
The instructions asked by the defendant were properly refused. The first instruction asked could not have been given, as there were other grounds disclosed in the evidence upon which the plaintiff was entitled to, a verdict; and it would have been error .to have given the second, because the law does not require that the seven years’ adverse possession, with color of title, which gives a title under the statute of limitations, shall be a possession next preceding the commencement of the action. How could it be, when the defendants in possession, and must be proved to be so, in order to…
2Cases cited3 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- N. H. Frey v. . A. L. RamsourSupreme Court of North Carolina · 1872
- Johnson v. . ParkerSupreme Court of North Carolina · 1878
3Cited by15 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Rice v. St. Louis, Arkansas & Texas Railway Co.Texas Supreme Court · 1894
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Moore v. . MillerSupreme Court of North Carolina · 1920
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
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