Legal Opinion

Mosseller v. . Deaver

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 14 opinions

This was a civil action for damages for trespass, tried at August Term, 1889, of Buncombe Superior Court, before Clark, J. The facts are set out in the opinion.

1Opinion of the Court

Shepherd J.:

The plaintiff had been in possession of the strip of land in controversy from 1884 to March 1888. Whether he entered under the defendant Wilson, the owner, and terms under which he entered, are disputed questions. It is admitted, however that in March, 1887, Wilson, after giving the plaintiff notice to quit, agreed that he should remain upon the land until the succeeding October. The plaintiff continued in possession until March, 1888, when, without any further notice, he was forcibly ejected by the jeme defendant Deaver, a negro, who was acting under the direction and authority…

2Cases cited2 opinions

  1. Reeder v. PurdyIllinois Supreme Court · 1866
  2. Dustin v. CowdrySupreme Court of Vermont · 1851

3Cited by14 opinions

  1. Cassaundra Spinks v. TaylorSupreme Court of North Carolina · 1981
  2. Olds Bros. Lumber Co. v. RushingArizona Supreme Court · 1946
  3. Buchanan v. CritesUtah Supreme Court · 1944
  4. Daluiso v. BooneCalifornia Supreme Court · 1969
  5. Tripp v. American Tobacco Co.Supreme Court of North Carolina · 1927

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