Schuffler v. . Turner
Supreme Court of North Carolina
This was a civil actioN, tried at fhe Fall Term, 1892, of Bukke Superior Court-, before Armjield, J. It was iu evidence for the plaintiff that on the death of C. Shuffler in 1877, the defendant administered on his estate, took possession of his land known as the Beck place, held the same from 1878 to 1889, and received the rents and profits which were reasonably worth fifty dollars per annum; that the defendant’s entry, possession and taking the rents and profits were not by…
Read the full summary
This was a civil actioN, tried at fhe Fall Term, 1892, of Bukke Superior Court-, before Armjield, J. It was iu evidence for the plaintiff that on the death of C. Shuffler in 1877, the defendant administered on his estate, took possession of his land known as the Beck place, held the same from 1878 to 1889, and received the rents and profits which were reasonably worth fifty dollars per annum; that the defendant’s entry, possession and taking the rents and profits were not by contract with plaintiffs. Defendant offered evidence tending to show that his possession and reception of profits was…
1Opinion of the Court
Burwell, J.:
The defendant admits that in 1877 he was appointed administrator of C. Shuffler, and in 1878 took possession of a tract of land, which had descended from his intestate to the plaintiffs, his heirs at law, and that he continued in possession of said land, receiving the rents and profits for eleven years, or till 1889.
Iiis Honor told the jury that the plaintiffs were entitled to recover “the reasonable rental value of the land for the eleven years he had it in charge under proper cultivation.”
We think this was the proper measure of the defendant’s liability upon his own statement of…
2Cited by2 opinions
- Hall v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1925
- State Ex Rel. Lafferty v. YoungSupreme Court of North Carolina · 1899