Myrick v. . Bishop
Supreme Court of North Carolina
From Halifax.* Trespass quare dansmn fregit. The Plaintiff exhibited on the trial below, a deed dated in 1812, to himself, including within its boundaries the locus in quo, and shewed that he was in actual possession of a part of the lands, and had been, but for a term of less than seven years $ and the trespass complained of was on the uncultivated part of said land, and on a part of which he had no actual occupation.
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From Halifax.* Trespass quare dansmn fregit. The Plaintiff exhibited on the trial below, a deed dated in 1812, to himself, including within its boundaries the locus in quo, and shewed that he was in actual possession of a part of the lands, and had been, but for a term of less than seven years $ and the trespass complained of was on the uncultivated part of said land, and on a part of which he had no actual occupation. The Defendant shewed no title or possession, but insisted that the loms in quo was vacant land. The Judge charged the Jury, that if the land was vacant, the Plaintiff could not…
1Opinion of the Court
* This cause and the two immediately following it, were decided at June Term, 1821, but from accident were omitted in the report of cases of that term. The plaintiff, having a deed covering the land where the trespass was committed, and being in possession of part within the boundaries of the deed, was in actual possession of the whole. The deed ascertained the extent of the possession. Whoever is in possession may maintain an action of trespass against a wrongdoer to his possession, because it is a possessory remedy, founded merely on the possession, and it (486) is not necessary that the…
2Cited by7 opinions
- Frisbee v. Town of MarshallSupreme Court of North Carolina · 1898
- Ray v. . AndersSupreme Court of North Carolina · 1913
- Motley v. ThompsonSupreme Court of North Carolina · 1963
- Hayes v. Williamson-Brown Lumber Co.Supreme Court of North Carolina · 1920
- Frisbee v. Town of MarshallSupreme Court of North Carolina · 1898
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