Morse v. Freeman
Supreme Court of North Carolina
Appeal from Lane, J., at February Term, 1911, of Ruthee-eoed. Tbis is an action to recover possession of a tract of land, wbicb was commenced on 30 December, 1909. The defendant denies the plaintiff’s title, but admits that he is in possession of a part of the land described in the complaint. Both parties claim under deeds from J. B. Ereeman,. the deed ■ under which the defendant claims being senior in date and registration.
Read the full summary
Appeal from Lane, J., at February Term, 1911, of Ruthee-eoed. Tbis is an action to recover possession of a tract of land, wbicb was commenced on 30 December, 1909. The defendant denies the plaintiff’s title, but admits that he is in possession of a part of the land described in the complaint. Both parties claim under deeds from J. B. Ereeman,. the deed ■ under which the defendant claims being senior in date and registration. The deed to the plaintiff is dated 12 December, 1902, and it is admitted that it covers the land in controversy. The plaintiff offered evidence that he had used the…
1Opinion of the CourtAlleN, J.
The motion to nonsuit was properly overruled. As both parties claimed title under a common source, the decision of the controversy between the parties depended upon two facts:
1. Did the deed of the defendant cover the land ?
2. If so, had the plaintiff held the land adversely for seven years under his deed?
If the deed of the defendant did not cover the land, the plaintiff was the owner, because both claimed under Freeman, and it was admitted that the land was included in the deed of the plaintiff. If the deed of the defendant did include the dispute, the plaintiff was the owner if he had held…
2Cases cited1 opinion
- Thompson v. . R. R.Supreme Court of North Carolina · 1908
3Cited by5 opinions
- Chisholm v. HallSupreme Court of North Carolina · 1961
- Elliott v. Tallassee Power Co.Supreme Court of North Carolina · 1925
- Allred v. . KirkmanSupreme Court of North Carolina · 1912
- Brantley v. . MarshbournSupreme Court of North Carolina · 1914
- Brantley v. MarshbournSupreme Court of North Carolina · 1914