Staton v. Davenport
Supreme Court of North Carolina
This was a civil ACTION to recover the possession of land, tried by Graves, Judge, upon a referee’s report and exceptions thereto, at Fall Term, 1885, of Halifax Superior Court. At Spring Term, 1884, by consent of parties, the cause was referred to James M. Mullen, Esq., “to hear and try the issues involved in the pleading, and to take and state such accounts as may be required by his decision; that he report the testimony and his findings to the next term of said court.”
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This was a civil ACTION to recover the possession of land, tried by Graves, Judge, upon a referee’s report and exceptions thereto, at Fall Term, 1885, of Halifax Superior Court. At Spring Term, 1884, by consent of parties, the cause was referred to James M. Mullen, Esq., “to hear and try the issues involved in the pleading, and to take and state such accounts as may be required by his decision; that he report the testimony and his findings to the next term of said court.” To Pall Term, 1884, the referee reported the testimony and submitted the following as his findings of the facts: 1. That…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The defendants, one or both, have been in continuous possession since the sale by the administrator, and, by repeated and consistent adjudications in this State, such possession affects a purchaser with notice of all equities which the occupying party has, and of which upon inquiry he could obtain information.
Whatever disposition to relax or modify the rule may have been manifested in the adjudications elsewhere, it is well settled in this State.
In Edwards v. Thompson, 71 N. C., 177, where the purchaser resided in another State and did not know of the possession in…
2Cases cited4 opinions
- Edwards v. . ThompsonSupreme Court of North Carolina · 1874
- Johnson v. . HauserSupreme Court of North Carolina · 1883
- Tankard v. . TankardSupreme Court of North Carolina · 1881
- Bost v. . SetzerSupreme Court of North Carolina · 1882
3Cited by6 opinions
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- Betts v. LetcherSouth Dakota Supreme Court · 1890
- Ross v. . HendrixSupreme Court of North Carolina · 1892
- Lee v. . GilesSupreme Court of North Carolina · 1913
- Barnes v. . McCullersSupreme Court of North Carolina · 1891
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