Greenleaf v. Bartlett
Supreme Court of North Carolina
Civil aotioN, tried before 0. H. Allen, J., and a jury, at Ifall Term, 1907, of the Superior Court of CamdeN County. This is an action brought by plaintiff to recover damages for an alleged trespass on the lands described in the complaint. Plaintiff alleged title and possession at date of trespass. Defendants denied plaintiff’s title, and alleged ownership of the land, possession, etc. The jury found the issues for defendants.
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Civil aotioN, tried before 0. H. Allen, J., and a jury, at Ifall Term, 1907, of the Superior Court of CamdeN County. This is an action brought by plaintiff to recover damages for an alleged trespass on the lands described in the complaint. Plaintiff alleged title and possession at date of trespass. Defendants denied plaintiff’s title, and alleged ownership of the land, possession, etc. The jury found the issues for defendants. It appears that, prior to August, 1882, the lands in controversy were the property of one Henry Foreman. Plaintiff introduced a deed from the heirs of Foreman, who died…
1Opinion of the Court
CoNNOR, J.,
after stating tbe case: Conceding that tbe deed executed by tbe Sheriff to defendant, pursuant.to bis purchase at tbe sale of tbe land for nonpayment of tbe tax due thereon, is invalid and conveys no title, because of tbe statutory duty of tbe Sheriff to bid it in for tbe county, where no person is willing to pay tbe tax for some portion less than tbe entire tract, tbe question is presented, whether it does not constitute color of title, within the meaning of tbe statute of limitations. Revisal, sec. 382. There was evidence tending to show, and we must assume that tbe jury found,…
2Cases cited15 opinions
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