Legal Opinion

Thames v. . Jones

Supreme Court of North Carolina

Decided February 5, 1887PublishedCited by 21 opinions

This was an action to Recover land, brought by Joseph Thames and twenty others against Henry Jones and eighteen others, tried, on demurrer, before Avery, Judge, at Spring Term, 1885, of Cumberland Superior Court.

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This was an action to Recover land, brought by Joseph Thames and twenty others against Henry Jones and eighteen others, tried, on demurrer, before Avery, Judge, at Spring Term, 1885, of Cumberland Superior Court. The complaint alleges that the plaintiffs are owners in fee simple and entitled to the possession of certain tracts of land, described in the first allegation’of the complaint as adjoining each other, and situated on the east side of the Northwest branch of the Cape Fear river, and in the counties of Bladen and Cumberland. The boundaries of the several tracts, sixteen in number, are…

1Opinion of the Court

Davis, J.,

(after stating the facts). The demurrer cannot be sustained upon any one of the grounds stated. Actions for the recovery of real property must be brought in the county in which the subject of the action, or some part thereof, is situated. It may be, that some of the tracts are wholly in the county of Bladen, and are in the separate possession of some of the defendants, but the complaint alleges broadly, that the defendants are in possession and wrongfully withhold the said land, and it is sufficient to give jurisdiction to the Superior Court of Cumberland county, and this disposes…

2Cases cited3 opinions

  1. Bronson v. Wilmington N. C. Life InsuranceSupreme Court of North Carolina · 1881
  2. Yancey v. . GreenleeSupreme Court of North Carolina · 1884
  3. Best v. . ClydeSupreme Court of North Carolina · 1882

3Cited by21 opinions

  1. Clark v. . HomesSupreme Court of North Carolina · 1925
  2. Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
  3. Conley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
  4. Allred v. Smith.Supreme Court of North Carolina · 1904
  5. Lance v. CogdillSupreme Court of North Carolina · 1953

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