Tripp v. . Little

The action being one for trespass to realty, it is held in this jurisdiction, and is the rule very generally prevailing, that the same can be properly instituted and maintained against a wrongdoer by one in the peaceable possession of the property at the time of the wrong committed. Lee v. Lee, 180 N. C., 86; Wheeler v. Telephone Co., 172 N. C., 9, 11; Frisbee v. Marshall, 122 N. C., 760; Hayward v. Sedgely, 14 Me., 439. And the defendant having raised the issue of title, the original plaintiff being in under the present plaintiff, his grantee of the legal title, and the trespass involving an…