Vanderbilt v. Chapman
Supreme Court of North Carolina
Appeal by defendants from Lane, J., at October Term, 1917, of BuNcombe. Tbis is an action to recover land and to remove a cloud from title. The plaintiff alleges that she is the owner of 465 acres of land particularly described, and that the defendants are in possession of about 169 acres thereof, asserting a claim thereto.
Read the full summary
Appeal by defendants from Lane, J., at October Term, 1917, of BuNcombe. Tbis is an action to recover land and to remove a cloud from title. The plaintiff alleges that she is the owner of 465 acres of land particularly described, and that the defendants are in possession of about 169 acres thereof, asserting a claim thereto. The defendants deny that the plaintiff is the owner of the land described in the complaint, on information and belief, and allege that they are the owners of 169 acres thereof, which is particularly described. The following issue was submitted to the jury: 1. Are the…
1Opinion of the CourtAxxeN, J.
The admission of the defendants that the plaintiff is the owner of the 465 acres described in the complaint, except so much thereof as defendants could show title to by seven years adverse possession under color of title, placed the burden of proof on the defendants (Land Co. v. Floyd, 171 N. C., 544), and it was in recognition of this principle that the first issue was framed as it is.
The real controversy, then, between the plaintiff and the defendants on the trial was as to the extent and character of the possession by the defendants of the small part of the land cleared on the 169-acre…
2Cases cited8 opinions
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1901
- Snowden v. . BellSupreme Court of North Carolina · 1912
- Currie v. . GilchristSupreme Court of North Carolina · 1908
- King v. . WellsSupreme Court of North Carolina · 1886
- Bland v. . BeasleySupreme Court of North Carolina · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gibson v. DudleySupreme Court of North Carolina · 1951
- Whitten v. PeaceSupreme Court of North Carolina · 1924
- Price v. WhisnantSupreme Court of North Carolina · 1952
- Wallace v. BellamySupreme Court of North Carolina · 1930
- Wallace v. . BellamySupreme Court of North Carolina · 1930
6 more not listed; retrieve them via the Exa API.