Den Ex Dem. Black v. Lindsay
Supreme Court of North Carolina
This was an action of ejectment, tried before his Honor Judge Dick, at the Special Term of Buncombe Superior Court of Law, in June 1853. Upon the trial, it appeared in evidence that the land described in the plaintiff’s declaration was in the year 180U in the possession of one Thomas, who continued his possession until the year 1805, when one John Duncan entered, and continued in possession thereof, claiming the premises as his own until his death in 1809, and leaving a will…
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This was an action of ejectment, tried before his Honor Judge Dick, at the Special Term of Buncombe Superior Court of Law, in June 1853. Upon the trial, it appeared in evidence that the land described in the plaintiff’s declaration was in the year 180U in the possession of one Thomas, who continued his possession until the year 1805, when one John Duncan entered, and continued in possession thereof, claiming the premises as his own until his death in 1809, and leaving a will in which he devised the same in fee to Jane Duncan, his wife, who continued to occupy and live upon the land, claiming…
1Opinion of the CourtNash, C. J.
The possession of one tenant in common is, in law, the possession of all his co-tenants, because they claim by one common right. When, however, that possession has been continued for a great number of years, without any claim from another who has a right, and is under no disability to assert it, it will be considered evidence of title to such sole possession ; and where it has so continued for twenty years, the law raises a presumption that it is rightful, and will protect it. This it will do, as well from public policy, to prevent stale demands, as to protect possessors from the loss of…
2Cited by7 opinions
- Crews v. . CrewsSupreme Court of North Carolina · 1926
- Lester v. . HarwardSupreme Court of North Carolina · 1917
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
- Collier v. WelkerCourt of Appeals of North Carolina · 1973
- Rhea v. Craig.Supreme Court of North Carolina · 1906
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