Cowen v. . Withrow
Supreme Court of North Carolina
ActioN to recover land, tried before Winston, J., and a jury, at Eall Term, 1894, of Rutherfoéd Superior Court. There was judgment on a verdict for the plaintiff and defendant appealed. The facts are stated in the opinion of Associate Justice FueChes.
1Opinion of the Court
We are now considering this case for the fifth time, and propose to treat it on a different line from that heretofore pursued, with the hope it may not return to trouble us again.
This is an action of ejectment in which plaintiff alleges title in himself, and this is denied by defendants. This allegation of plaintiff and denial of defendants makes an issue of title, and plaintiff must recover, if he recovers at all, upon the strength of his title and not on the weakness of defendants' title. It is not necessary that defendants should do anything until plaintiff has shown that he is the owner…
2Cases cited3 opinions
- Phifer v. . BarnhartSupreme Court of North Carolina · 1883
- Cowen v. . WithrowSupreme Court of North Carolina · 1894
- Cowen v. . WithrowSupreme Court of North Carolina · 1892
3Cited by7 opinions
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- State Board of Election Commissioners v. ColemanCourt of Appeals of Kentucky (pre-1976) · 1930
- Blue v. . RitterSupreme Court of North Carolina · 1896
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1902
- Butters v. City of Des MoinesSupreme Court of Iowa · 1926
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