Leroy v. Pasquotank & North River Steamboat Co.
Supreme Court of North Carolina
Appeal by defendants from Bragaw, Jv at October Special Term of CueRitucjí. This action was brought to recover the possession of two. wharves or piers, one" at Newbern’s landing, and the other at Maud’s, and damages for the trespass in taking possession of the same. The jury, upon issues submitted to them by the court, found for the plaintiff as to the Newbern pier, and for the defendant as*to the other.
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Appeal by defendants from Bragaw, Jv at October Special Term of CueRitucjí. This action was brought to recover the possession of two. wharves or piers, one" at Newbern’s landing, and the other at Maud’s, and damages for the trespass in taking possession of the same. The jury, upon issues submitted to them by the court, found for the plaintiff as to the Newbern pier, and for the defendant as*to the other. The evidence is voluminous, but we need only refer to the substance of it. Plaintiff’s claim to the wharves is based on deeds made to him, J. H. LeRoy, by W. S. Newbern, Sr., and Thomas E.…
1Opinion of the Court
Walkee, J.,
after stating tbe case: Tbe jury having found, under proper instructions from tbe court, that plaintiff constructed tbe Newbern wbarf and himself paid for tbe same, and that tbe LeRoy Steamboat Company, or its predecessor, did. not pay for it, this being tbe main question in dispute, it follows that tbe LeRoy Steamboat Company was in possession under license or permission of plaintiff, and as defendant claims under tbe said steamboat company, it is not in a position to dispute tbe plaintiff’s right to tbe property, unless its other defenses are good and valid in law, for it cannot…
2Cases cited19 opinions
- Boddie v. BondSupreme Court of North Carolina · 1911
- Armfield v. . MooreSupreme Court of North Carolina · 1852
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- William Falls v. . Robert F. GambleSupreme Court of North Carolina · 1872
- Springs v. SchenckSupreme Court of North Carolina · 1888
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3Cited by16 opinions
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- Rabil v. . FarrisSupreme Court of North Carolina · 1938
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- Hester v. Horton Motor LinesSupreme Court of North Carolina · 1941
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