Davis v. . McArthur
Supreme Court of North Carolina
Civil Actioh, to recover the Possession of Land, tried at Eall Term,1877,of Rutherford Superior Court, before Kerr,J. This action was brought to recover a tract of land ■alleged to be in possession of the defendant and wrongfully withheld from the plaintiffs The defendant denies the plaintiffs’ allegations and sets up title in himself.
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Civil Actioh, to recover the Possession of Land, tried at Eall Term,1877,of Rutherford Superior Court, before Kerr,J. This action was brought to recover a tract of land ■alleged to be in possession of the defendant and wrongfully withheld from the plaintiffs The defendant denies the plaintiffs’ allegations and sets up title in himself. On the trial the following facts were in evidence: One R. M. Alexander, by deed dated the 12th of April, 1815, conveyed the land in dispute to Sally Crook, who af-terwards intermarried with James Arthur and never had issue. In January, 1825, after the marriage,…
1Opinion of the CourtSmith, C. J.
(After stating the case as above.) We think ithe Court was correct in both rulings. The possession of William Arthur, being under James Arthur who acted for himself and wife, was but an extension of the possession ■of the rightful owner and for her benefit. And if this was not so, the result would not be changed, y The case is simply this: — There has been a continuous adverse possession -of the land for the space of thirty-three, years from 1815 to 1848, under deeds defining the same by metes and boundaries, by those successively under whom the plaintiffs derive title, during the last nine…
2Cited by13 opinions
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- Sherin v. BrackettSupreme Court of Minnesota · 1886
- Hamilton v. . IcardSupreme Court of North Carolina · 1894
- Davidson v. . ArledgeSupreme Court of North Carolina · 1887
- Shermer v. . DobbinsSupreme Court of North Carolina · 1918
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