Deming v. . Gainey
Supreme Court of North Carolina
Civil actioN to recover land, tried before Boykin, Bulge, and a jury, at May Term, 1886, of Cusibkrlaxd Superior Court. The controversy in this action, is in respect to the plaintiff’s title and right of possession to the lands described in his complaint, and their wrongful withholding by the defendant.
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Civil actioN to recover land, tried before Boykin, Bulge, and a jury, at May Term, 1886, of Cusibkrlaxd Superior Court. The controversy in this action, is in respect to the plaintiff’s title and right of possession to the lands described in his complaint, and their wrongful withholding by the defendant. In response to the usual issue submitted to the jury, they say that theplaintiff does own and is entitled to the possession of said lands, but not of that portion which is outside of A, 3, 12, 11, on the plat made out by John Deming, and bearing date December 7th, 1885, that is, as understood,…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The case before us so indistinctly sets out the facts and the exceptions to the ruling of the Court, that we may fail properly to understand and decide them. Many of the exceptions have been abandoned on the hearing before this Court, and we shall consider only such as were pressed in the argument.
lsi Exception. The plaintiff introduced and examined as a witness one Robert Bain, who, in answer to an inquiry as to the location of the line A, B, stated that he knew the Robert Daughter)' land, a contiguous tract, having cut timber on it in 184(5, and that…
2Cases cited3 opinions
- McRae v. . MalloySupreme Court of North Carolina · 1885
- Fry v. . CurrieSupreme Court of North Carolina · 1884
- State v. GailorSupreme Court of North Carolina · 1874
3Cited by16 opinions
- Hodges v. WilsonSupreme Court of North Carolina · 1914
- Tennessee Carolina Transportation, Inc. v. Strick Corp.Supreme Court of North Carolina · 1973
- State v. McCrawSupreme Court of North Carolina · 1980
- DeBruhl v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1956
- Godfrey v. . Power Co.Supreme Court of North Carolina · 1925
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