Mallett v. . Simpson
Supreme Court of North Carolina
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…
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