Cowles v. . Ferguson
Supreme Court of North Carolina
EjectmeNT tried at Fall Term, 1883, of Wilkes Superior ■Court, before Shipp, J. The plaintiff in the first artiole of his complaint, alleges himself to be the owner and entitled to the possession of a tract of land described by well-defined boundaries and containing one hundred acres. In the second article he alleges “ that the defendant is in the possession of a part of said'tract,” and unlawfully withholds the same,-without further and more particular description.
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EjectmeNT tried at Fall Term, 1883, of Wilkes Superior ■Court, before Shipp, J. The plaintiff in the first artiole of his complaint, alleges himself to be the owner and entitled to the possession of a tract of land described by well-defined boundaries and containing one hundred acres. In the second article he alleges “ that the defendant is in the possession of a part of said'tract,” and unlawfully withholds the same,-without further and more particular description. The defendant denies the plaintiff’s asserted ownership, or that he has any interest therein, and claims title in himself. In…
1Opinion of the Court
Sjiith, C. J.,
after stating the case. The plaintiffs on the trial showed in evidence a grant from the state tp tire original plaintiff, their ancestor, his death and the descent to them as his heirs of the tract of land described in the complaint.
The defendant introduced nq paper title, but proved by two witnesses facts which tended to show that the defendant and those under whom he claimed had been in possession of a small part included in the boundaries of the grant, consisting of three or four acres, for thirty years next before the commencement of the action.
The court intimated an opinion…
2Cited by8 opinions
- Springs v. SchenckSupreme Court of North Carolina · 1888
- Janney v. Robbins.Supreme Court of North Carolina · 1906
- Springs v. . SchenckSupreme Court of North Carolina · 1888
- Turnage v. . JoynerSupreme Court of North Carolina · 1907
- Bryan v. . HodgesSupreme Court of North Carolina · 1909
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