Hulse v. . Brantley
Supreme Court of North Carolina
Civil action, tried at February Term, 1891, of Beaufort Superior Court, Bryan, J., presiding. This was an action of trespass quare clausum fregit.
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Civil action, tried at February Term, 1891, of Beaufort Superior Court, Bryan, J., presiding. This was an action of trespass quare clausum fregit. The plaintiff alleged that-he was, on the first day of November, 1888, in the rightful possession of the locus in quo ; “ that on said day, and on various occasions between that day and the beginning of this action, and while the plaintiff was in the lawful adverse possession of said land, the said defendants unlawfully and forcibly broke and entered upon the plaintiff’s land ” and committed the trespass complained of, etc. The defendants broadly…
1Opinion of the CourtMerrimon, C. J.
after stating the case: It did not appear on the trial that the title to the land in controversy ever passed from the State by grant or otherwise. So that, in any view of the evidence, the plaintiff failed to show title in himself thereto by proving color of title and actual possession within known and visible boundaries for seven yea.rs. He produced evidence tending to show that he and the person under whom he claimed exercised control over and did acts of ownership on the land embraced in the locus in quo, by cutting timber and otherwise at intervals before the time of the alleged trespass.…
2Cases cited1 opinion
- Ruffin v. . OverbySupreme Court of North Carolina · 1890
3Cited by11 opinions
- Brewer v. RingSupreme Court of North Carolina · 1919
- Brewer v. . Ring and ValkSupreme Court of North Carolina · 1919
- In re A.D.L.Court of Appeals of North Carolina · 2005
- State v. WilliamsSupreme Court of North Carolina · 1923
- Alexander v. North Carolina Savings Bank & Trust Co.Supreme Court of North Carolina · 1911
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