Legal Opinion

Davidson v. . Gifford

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 18 opinions

Civil ACTION, tried before MacRae, J., and a jury, at the Fall Term, 1887, of MeckleNBüeg Superior Court. There was a verdict and judgment in favor of the defendants. Plaintiff appealed. The facts are set out in the opinion of the Court.

1Opinion of the CourtMerrimon, J.

The plaintiff alleged in the complaint, simply, that he was the owner and entitled to the possession of the land described therein; that the defendants were in possession thereof, and wrongfully withheld possession from him; that the rental value of the property was $300, and the defendant Gifford had had such wrongful possession ever since November, 1878, and received the rents, &c.

The answer of the defendants broadly and specifically denied the several allegations of the complaint, except that alleging possession of the defendants, but it was alleged, as to it, that their possession was…

2Cases cited6 opinions

  1. Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
  2. Guy v. . ManuelSupreme Court of North Carolina · 1883
  3. Blackwell Durham Tobacco Co. v. McElweeSupreme Court of North Carolina · 1887
  4. Reed v. . ReedSupreme Court of North Carolina · 1885
  5. McElwee v. W. T. Blackwell & Co.Supreme Court of North Carolina · 1880

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3Cited by18 opinions

  1. Price v. McComishCalifornia Court of Appeal · 1937
  2. Fresno City High School District v. DillonCalifornia Court of Appeal · 1939
  3. Antietam Paper Co. v. Chronicle Publishing Co.Supreme Court of North Carolina · 1894
  4. Elliott v. GossSupreme Court of North Carolina · 1959
  5. Falkner v. Pilcher.Supreme Court of North Carolina · 1905

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