Williams v. . Wallace
Supreme Court of North Carolina
Civil ActioN for Damages for Trespass on Land tried at .Spring Term, 1871, of Duplin Superior Court, before Seymour, J. The plaintiff alleged that he was the owner in fee of certain lands lying near ■ Sarecta on the North East River in Duplin County, and that the defendants had entered upon the same to the annoyance of the plaintiff’s tenants, and were endeavoring to dispossess him of the same.
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Civil ActioN for Damages for Trespass on Land tried at .Spring Term, 1871, of Duplin Superior Court, before Seymour, J. The plaintiff alleged that he was the owner in fee of certain lands lying near ■ Sarecta on the North East River in Duplin County, and that the defendants had entered upon the same to the annoyance of the plaintiff’s tenants, and were endeavoring to dispossess him of the same. The defendants alleged that the title was in defendant Wallace,, and not in plaintiff", and for a further defence say that said defendant has been in possession for more than three years prior to the…
1Opinion of the CourtBynum, J.
This is a plain case for the defendants. It is admitted that the title of the locus in quo was in the defendant Sallie Wallace in 1841. It is immaterial what has become of her title since, unless the plaintiff has connected himself with it. This he has not done, but on the contrary he claims under the deed of one Seth Davis who purported to sell the land as administrator of one J. P. Davis by deed dated the 28th of September, 1857. This title was therefore a defective one, and could ripen into a good title by an adverse possession of seven years only.
But as the action was begun on the 4th day…
2Cited by21 opinions
- Ruffin v. . OverbySupreme Court of North Carolina · 1890
- McLean v. . SmithSupreme Court of North Carolina · 1890
- Gudger v. . HensleySupreme Court of North Carolina · 1880
- Cox v. . WardSupreme Court of North Carolina · 1890
- Hamilton v. . IcardSupreme Court of North Carolina · 1894
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