Hedgepeth v. . Rose
Supreme Court of North Carolina
This ACTION was tried before Philips, Judge, at Spring Term, 1886, of Nash Superior Court. The plaintiff’s action is to recover possession of a tract of land in possession of the defendant, and the material facts were: 1. That in February, 1875, the defendant and his wife, a daughter of the plaintiff, were residing some two and a half miles from the premises and from the plaintiff, who urged the defendant to move upon the land in suit, then uncleared and with no buildings…
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This ACTION was tried before Philips, Judge, at Spring Term, 1886, of Nash Superior Court. The plaintiff’s action is to recover possession of a tract of land in possession of the defendant, and the material facts were: 1. That in February, 1875, the defendant and his wife, a daughter of the plaintiff, were residing some two and a half miles from the premises and from the plaintiff, who urged the defendant to move upon the land in suit, then uncleared and with no buildings upon it, representing that he had a life estate, and the remainder in fee belonged to his two children. 2. That if he…
1Opinion of the CourtSjixth, C. J.
We entirely concur in the ruling of the Court, that the defendant should only be charged for use and occupa tion from and after his refusal to surrender possession, when it became tortious and adversary.
There can be a legal claim for the use and occupation of land when there has been a contract, express, or implied from the circumstances, to pay therefor, or a wrongful withholding, and the recovery, while in some cases measured upon the basis of a rental compensation to the owner, of damages therefor.
When the possession is permissive and is taken under the mutual understanding of parties that…
2Cases cited2 opinions
- Prince v. . McRaeSupreme Court of North Carolina · 1881
- Bailey v. . RutjesSupreme Court of North Carolina · 1882
3Cited by18 opinions
- Eaton v. . DoubSupreme Court of North Carolina · 1925
- Pitt v. . MooreSupreme Court of North Carolina · 1888
- Luton v. Badham.Supreme Court of North Carolina · 1900
- Jones v. . SandlinSupreme Court of North Carolina · 1912
- Faircloth v. . KenlawSupreme Court of North Carolina · 1914
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