Legal Opinion

Farrior v. . Houston

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 6 opinions

This was a civil action to recover land, tried before Bog-Jcin, Judge, and a jury, at November Term, 1885, of Diti/iN Superior Court. The plaintiff in his complaint alleged that lie was the owner in fee simple of the land described in the complaint, and entitled to the immediate possession of the same, and that the defendant wrongfully withheld the possession from him.

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This was a civil action to recover land, tried before Bog-Jcin, Judge, and a jury, at November Term, 1885, of Diti/iN Superior Court. The plaintiff in his complaint alleged that lie was the owner in fee simple of the land described in the complaint, and entitled to the immediate possession of the same, and that the defendant wrongfully withheld the possession from him. The defendant, Oeorge E. Houston, answered the complaint, and stated that the said Lewis C. Houston, his co-defendant-, is the owner in fee and has the possession of the land described in the complaint, and lias had the…

1Opinion of the Court

Ashe, J.,

(after stating the facts). We are of the opinion there was error in the ruling of the Court in excluding the evidence offered by the defendants. The plaintiff alleged in his complaint that he was the owner in fee simple, and entitled to the possession of the land. The defendants denied that he was the owner, and this presents the only issuable fact raised by the pleadings, which was in fact directly submitted to the jury in the issue: “ Is the plaintiff' the owner, and entitled to the possession of the land described in the first paragraph of plaintiff’s complaint?”

His Honor fell…

2Cases cited1 opinion

  1. Keathley v. . BranchSupreme Court of North Carolina · 1883

3Cited by6 opinions

  1. Fleming v. . SextonSupreme Court of North Carolina · 1916
  2. Cheatham v. . YoungSupreme Court of North Carolina · 1893
  3. Whitaker v. Jenkins.Supreme Court of North Carolina · 1905
  4. Mfg. Co. v. . BrooksSupreme Court of North Carolina · 1890
  5. Devone v. PickettCourt of Appeals of North Carolina · 2002

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