Conwell v. Mann
Supreme Court of North Carolina
Civil. ACTION — Ejectment—tried before Avery, I, and a jury, at the Fall Term, 1887, of Northampton Superior Court. Verdict and judgment for the defendant. Plaintiff appealed.
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Civil. ACTION — Ejectment—tried before Avery, I, and a jury, at the Fall Term, 1887, of Northampton Superior Court. Verdict and judgment for the defendant. Plaintiff appealed. The plaintiff, in support of his title to the land described in his complaint, produced in evidence: 1. Proceedings for partition of land of one Edward E. Moore, among his heirs at law, in 1825, and the allotment of share B to Stephen L. Moore, in the Court having jurisdiction. 2. A deed from said Moore, made on November 8, 1832, to Maurice Baugham for the same land. 3. A deed, dated November 1st, 1848, from said…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). While the instructions asked were not given, in very words, all that is material to the defence contained in them are embodied in the charge. For the Court told the jury, that “ if Joab Outland put William Mann in possession, telling him that it should be a home to him, as testified to by the witnesses, and further, if the plaintiff complied with the provisions of the trust deed, the defendant would be deemed, in law, the tenant of the plaintiff and estopped from disputing his title.” So the defence was distinctly put to the jury, and the appellant has…
2Cited by13 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Bonds v. . SmithSupreme Court of North Carolina · 1890
- Moore v. . MillerSupreme Court of North Carolina · 1920
- Alexander v. . GibbonSupreme Court of North Carolina · 1896
- State v. . BookerSupreme Court of North Carolina · 1898
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