London v. . Bear
Supreme Court of North Carolina
Civil Action brought by the plaintiffs against the tier fendant to recover damages for an alleged .unlawful entry upon and occupation of certain real estate in the city of Wilmington, tried at Fall Term, 1880, .of New Hanover Superior Court, before Gudger., J. Eli W. Hall, the owner -of the lots on which the alleged trespasses -were .committed, died in 1865, leaving a will, and in an insufficiently executed codicil attached thereto appointed Edward D. Hall, executor, who was…
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Civil Action brought by the plaintiffs against the tier fendant to recover damages for an alleged .unlawful entry upon and occupation of certain real estate in the city of Wilmington, tried at Fall Term, 1880, .of New Hanover Superior Court, before Gudger., J. Eli W. Hall, the owner -of the lots on which the alleged trespasses -were .committed, died in 1865, leaving a will, and in an insufficiently executed codicil attached thereto appointed Edward D. Hall, executor, who was permitted to qualify as such. Assuming to aet as executor, he took possession of the lots and rented them out for…
1Opinion of the Court
Smith, C. J.,
after stating the case. The defendant’s counsel has discussed the nature and effect of a disseizin under the ancient law upon the title of the owner, and wherein it differs from an abatement in which the descent or devise from an ancestor is intercepted by a hostile entry upon the heir or devisee, to which this case is assimilated. And he maintains that as there was no actual or constructive possession in the plaintiffs at the time of the alleged invasion by the defendant, their entry in' October, 1874, could not by relation to a period antecedent to the original trespass render…
2Cited by14 opinions
- Harris v. . SneedenSupreme Court of North Carolina · 1889
- Burch v. KingCourt of Appeals of Georgia · 1914
- Vanderbilt v. . ChapmanSupreme Court of North Carolina · 1916
- Ownbey v. . Parkway Properties, Inc.Supreme Court of North Carolina · 1942
- Blackberry, Ky. W. v. C. C. Co. v. K'ntl'd C. C.Court of Appeals of Kentucky (pre-1976) · 1928
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