Hipp v. . Forester
Supreme Court of North Carolina
Action of ejectment, tried before Bailey, J., at the Fall Term, 1859, of Polk Superior Court. The land in question was a 200 acre tract, granted in 1802 to one Franks. David Hipp, the lessor of the plaintiff, having cleared a few acres on the eastern part of the tract, remained in possession at that place for a short time.
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Action of ejectment, tried before Bailey, J., at the Fall Term, 1859, of Polk Superior Court. The land in question was a 200 acre tract, granted in 1802 to one Franks. David Hipp, the lessor of the plaintiff, having cleared a few acres on the eastern part of the tract, remained in possession at that place for a short time. He then made a larger clearing on the northern part of the tract, and having settled there, has continued in possession of it ever since, claiming the whole tract as-his own, which has been for about twenty-five years, but without any deed or other paper evidence of title.…
1Opinion of the CourtBattle, J.
The bill of exceptions does not disclose any error of which the lessor of the plaintiff has any just cause of complaint. His Honor instructed the jury, that if those under whom the defendant claimed the land, of which he was in possession, entered as the tenants of the plaintiff’s lessor, then the lessor was entitled to recover; but if they intered upon it, claiming it for themselves, the action must fail. The case states that eaeh party gave testimony upon this question of the character of the defendant’s possession, and the jury found that those under whom the defendant claimed, did not…
2Cited by2 opinions
- Powell v. MillsSupreme Court of North Carolina · 1953
- Wilson v. . WilsonSupreme Court of North Carolina · 1917