Wiseman v. . Penland
Supreme Court of North Carolina
Civil ACTION commenced in Mitchell and removed to and tried at December Special Term, 1877, of McDowell Superior Court, before McKoy, J. This action was brought to recover a tract of land, and the material facts relating to the claims of the plaintiff and defendants to the possession are stated in the opinion of this Court.
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Civil ACTION commenced in Mitchell and removed to and tried at December Special Term, 1877, of McDowell Superior Court, before McKoy, J. This action was brought to recover a tract of land, and the material facts relating to the claims of the plaintiff and defendants to the possession are stated in the opinion of this Court. The following is the evidence to which the defendants’ exceptions apply: 1. One W. A. Wiseman testified that he was in possession of and cultivating the land in dispute as the tenant of the plaintiff, and that he was put out of possession by A. A. Wiseman who entered and…
1Opinion of the CourtRodman, J.
The plaintiff’s case is this. Bedford Wise-man w’as seized of the locus in quo and on the 1st of Jan uary, 1850, and by a voluntary deed conveyed it to his son, Ensor C. "Wiseman. This deed was not proved until June 'Term, 1867, of Mitchell County Court, when it was proved .and registered. Ensor, in 1850, was only twelve years of .age. There was evidence tending to prove that soon after ■the date of the deed, he took possession of the land and cultivated it upon his own account for several years; while there was also evidence that it rémained under the control and substantially in the…
2Cited by3 opinions
- White v. MorrisSupreme Court of North Carolina · 1890
- White v. . MorrisSupreme Court of North Carolina · 1890
- Fraley v. . KellySupreme Court of North Carolina · 1883