Asheville Land Co. v. Lange
Supreme Court of North Carolina
AotioN tried before Peebles, J., and a jury, at March Term, 1908, of Buncombe. Plaintiff corporation sets forth two causes of action, alleging: (1) That it was the owner of the locus in quo, a lot in the town of Asheville, described by metes and bounds; that defendants were in the wrongful and unlawful possession of the land, etc.
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AotioN tried before Peebles, J., and a jury, at March Term, 1908, of Buncombe. Plaintiff corporation sets forth two causes of action, alleging: (1) That it was the owner of the locus in quo, a lot in the town of Asheville, described by metes and bounds; that defendants were in the wrongful and unlawful possession of the land, etc. (2) That defendants are in the wrongful possession and claim to own a part of said lotj that plaintiff contracted with certain builders to build stone piers and a hotel on said lot, and that it, for that purpose, entered thereupon and was proceeding to erect said…
1Opinion of the CourtConnor, J.
The first assignment of error presents the question whether evidence of the defendant’s conduct, with respect to the land upon which it is alleged that he committed a trespass prior to the date of the summons, subsequent thereto, may be heard to show that the trespass was committed in the assertion of ownership and was followed by possession. When the plaintiff sues in ejectment, or under The Code system of pleading and practice sues to recover possession, it is elementary that he must show title and, if denied, possession at the date of the summons. This the plaintiff concedes, but he…
2Cases cited1 opinion
- Sibbert v. Scotland Cotton MillsSupreme Court of North Carolina · 1907
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