Den Ex Dem. Carson v. Mills
Supreme Court of North Carolina
This was an action of ejectment, tried before Strange, Judge, at Rutherford, on the last Circuit. The lessor of the plaintiff claimed title under two separate grants; and to understand the case, it will be necessary to consult the annexed map.
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This was an action of ejectment, tried before Strange, Judge, at Rutherford, on the last Circuit. The lessor of the plaintiff claimed title under two separate grants; and to understand the case, it will be necessary to consult the annexed map. First, he claimed title under a grant to one John Burnett, which issued in the year 1767, and is represented on the map by the lines H, I, J, K. The defendant claimed un(3er two grants, one of which issued to Samuel French, in 1780, and is represented on the map by the lines A, B, D; the other was dated in 1801, and issued to Benjamin Cook, and is…
1Opinion of the Court
Ruffin, Chief Justice.
— Several exceptions are taken to the instructions in this case. Those principally discussed and relied on relate to the opinions expressed by the Court on the extent and effect of the defendant’s possession. Having refused to give certain instructions prayed for by the defendant’s counsel, the court laid it down to the jury, that' “ when two persons were in possession of parts of their lands, covered by paper titles which lop, neither having any actual possession within the loppage, the law adjudged the possession in him who had the elder title; but where the holder of…
2Cases cited1 opinion
- Trimble v. SmithCourt of Appeals of Kentucky · 1815
3Cited by19 opinions
- Philbin v. CarrIndiana Court of Appeals · 1920
- Morehead v. HarrisSupreme Court of North Carolina · 1964
- Vance v. . GuySupreme Court of North Carolina · 1944
- Miller v. HoltWest Virginia Supreme Court · 1899
- Pritchard v. ReboriTennessee Supreme Court · 1916
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