Legal Opinion

Bond v. . Wool

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 41 opinions

This was a civil action, heard before Whitaker, J., at the Spring Term, 1890, of the Superior Court of Ci-iowan County. The contention of the parties will be better understood with the aid of the following map referred to in the testimony. [See diagram.] The plaintiff, complaining of the defendant, says— 1. That on the 3d of November, 3 887, he was the owner and in the quiet and rightful possession of certain buildings and structures in Edenton, at the foot of Water street,…

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This was a civil action, heard before Whitaker, J., at the Spring Term, 1890, of the Superior Court of Ci-iowan County. The contention of the parties will be better understood with the aid of the following map referred to in the testimony. [See diagram.] The plaintiff, complaining of the defendant, says— 1. That on the 3d of November, 3 887, he was the owner and in the quiet and rightful possession of certain buildings and structures in Edenton, at the foot of Water street, which were used by him in landing fish caught in Albemarle Sound and packing the same for market, and which he had…

1Opinion of the CourtAvery, J.

after stating the facts: By demurring the defendant admits the truth of the testimony in'the aspect most favorable to the plaintiff. Nelson v. Whitfield, 82 N. C., 46. He, therefore, concedes that the plaintiff and those under whom he claims have had open,, notorious adverse possession of lot No. 187 (which is bounded by Blount and Granville streets on the north and east, by defendant Jacob Wool’s lot on the west, and by Machemacomac creek, an arm of Edenton Bay, on the south) for more than fifty years under a connected chain of title, beginning with the will of Penelope Bond in the year…

2Cases cited10 opinions

  1. Yates v. MilwaukeeSupreme Court of the United States · 1871
  2. Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
  3. Dutton v. StrongSupreme Court of the United States · 1861
  4. John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885
  5. Nelson v. . WhitfieldSupreme Court of North Carolina · 1880

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3Cited by41 opinions

  1. Brewer v. . WynneSupreme Court of North Carolina · 1911
  2. Shepard's Point Land Co. v. Atlantic HotelSupreme Court of North Carolina · 1903
  3. Hopkins v. RailroadTennessee Supreme Court · 1896
  4. Hopkins v. . BowersSupreme Court of North Carolina · 1892
  5. Pine Knoll Association, Inc. v. CardonCourt of Appeals of North Carolina · 1997

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