Legal Opinion

Mallett v. . Simpson

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 20 opinions

Civil action to recover the possession of land,' tried before Shipp, Judge, and a jury, at February Special Term, 1885, of Ceaven Superior Court.

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Civil action to recover the possession of land,' tried before Shipp, Judge, and a jury, at February Special Term, 1885, of Ceaven Superior Court. The plaintiff introduced the following deeds in support of his title: (1): A deed from Owen Chestnut to Elijah Hardison, executed in 1842. (2). A deed from Elijah Hardison to the Atlantic and North Carolina Railroad Company, executed in 1856. (3). A deed from said company to George A. Davey, executed in 1881. (4). A deed from said Davey to plaintiff, executed iu 1881. It was in evidence that the defendant took possession of the land in controversy…

1Opinion of the Court

Ashe, J.,

(after stating the facts). The only exception taken by the defendant on the trial, was to his Honor’s ruling adversely to his contention, that under the 23d section of the Act of Incorporation (Laws of 1852, ch. 136), the railroad company was incapable of taking or making title to the laud, and that the estate was in the heirs of Elijah Hardison, who was dead.

The section of the act relied upon by the defendant as the ground of his exception, is as follows: “That the said company may purchase, have, and hold in fee for a term of years, any lands, tenements or hereditaments which may…

2Cases cited5 opinions

  1. National Bank v. WhitneySupreme Court of the United States · 1881
  2. Runyan v. Lessee of CosterSupreme Court of the United States · 1840
  3. Yates v. . Van De BogertNew York Court of Appeals · 1874
  4. Hough v. Cook County Land Co.Illinois Supreme Court · 1874
  5. Cowles v. . HallSupreme Court of North Carolina · 1884

3Cited by20 opinions

  1. Hubbard v. Worcester Art MuseumMassachusetts Supreme Judicial Court · 1907
  2. Louisville School Board v. KingCourt of Appeals of Kentucky · 1908
  3. Hamilton v. . IcardSupreme Court of North Carolina · 1894
  4. Fayette Land Co. v. Louisville & Nashville R.Supreme Court of Virginia · 1896
  5. Farrington v. PutnamSupreme Judicial Court of Maine · 1897

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