Stokes v. . Fraley
Supreme Court of North Carolina
AotioN of ejeotMENt, tried before Bailey, J., at the last Superior Court of Bowan. CASE AGREED. The lessor of the plaintiff and defendant owned adjoining tracts of land, and the part in dispute is a slip, in the form of an acute angled triangle, lying along the division line between them.
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AotioN of ejeotMENt, tried before Bailey, J., at the last Superior Court of Bowan. CASE AGREED. The lessor of the plaintiff and defendant owned adjoining tracts of land, and the part in dispute is a slip, in the form of an acute angled triangle, lying along the division line between them. At Spring Term, 1856, of Eowan Superior Court, an action of trespass quare clausum fregit was tried, in which William Stokes was plaintiff and Jacob Fraley was defendant, in which the plaintiff declared for a trespass committed by the defendant, upon the slip of land, now sued for. The pleas in which action,…
1Opinion of the CourtPearson, J.
In the action of trespass, q. c. f., the defendant pleaded the “ general issue,” and also pleaded specially “ liberum tenementum ; to this plea, the plaintiff replied, by way of traverse, to wit, that the loous in guo was not the freehold of the defendant. Upon this issue, the question of title was fully gone into, and both issues were found in favor of the lessor of the plaintiff. The question is : does this establish his title by force of an estoppel ?
The effect of the finding on the general issue was, that the plaintiff was in possession, and was entitled to recover against a wrong-doer;…
2Cited by3 opinions
- Carter v. WhiteSupreme Court of North Carolina · 1904
- Carter v. . WhiteSupreme Court of North Carolina · 1904
- Douglas Land Co. v. T. W. Thayer Co.Supreme Court of Virginia · 1912