Everett v. . Smith
Supreme Court of North Carolina
This was an action of trespass, tried before Battle, Judge, at Spring Term, 1852, of Hyde Superior Court. The defendant drew out his pleas at length, justifying the trespass: 1, as servant of the President and Directors of the Literary Board; 2, as servant of the President and Directors, &c. and of others, tenants in common of the premises ; 3 and 4, under the sheriff of Hyde.
Read the full summary
This was an action of trespass, tried before Battle, Judge, at Spring Term, 1852, of Hyde Superior Court. The defendant drew out his pleas at length, justifying the trespass: 1, as servant of the President and Directors of the Literary Board; 2, as servant of the President and Directors, &c. and of others, tenants in common of the premises ; 3 and 4, under the sheriff of Hyde. There was a verdict and judgment for the plaintiff, from which the defendant appealed to the Supreme Court. The facts necessary to the understanding of the opinion of the Court, appear sufficiently stated therein. 1.…
1Opinion of the CourtPearson, J.
The defendant justifies as the servant of the President and Directors of the Literary Fund of North Carolina, in whom he alleges title; he also justifies as sheriff under the Act of 1842, and makes the same allegation of title in the President and Directors of the Literary Fund.
The question involves the title of the President and Directors Of the Literary Fund. They claim an undivided moiety, and if their title be good, it supports the plea*
The land is “ swamp land,” and in 1795 was granted to one Hall, (in a grant of 195,000 acres.) The plaintiff was in possession under Hall, and was turned…
2Cited by4 opinions
- Smith v. PateSupreme Court of North Carolina · 1957
- Kirkpatrick v. . CrutchfieldSupreme Court of North Carolina · 1919
- Lofton v. . BarberSupreme Court of North Carolina · 1946
- Delacy v. Neuse River Navigation Co.Supreme Court of North Carolina · 1821