Legal Opinion

Williams v. . Scott

Supreme Court of North Carolina

Decided April 12, 1898Published

Civil ACTION to recover land, tried before Mclver, J., at February Term, 1898, of Rowan Superior Court. The facts appear in the opinion. At the conclusion of the plaintiff’s testimony the defendants moved to dismiss the complaint and for judgment as of non-suit, under Hinsdale’s Act. The motion was allowed, and plaintiff appealed.

1Opinion of the Court

Montgomery, J.;

The plaintiff claims the land and seeks to recover possession of it in this action, commenced on the 6th of January, 1896, under a deed executed to herself and Alice V. Marsh, by John S. Henderson, assignee of Jack Hall, a bankrupt, on the 3d of March, 1874, and registered on the same day. The defendants denied the plaintiff’s right to the land, and pleaded further that the claim of the plaintiff is barred by the ten years statute of limitations and that they have been in possession more than 17 years under color of title. It was admitted on the trial, on all sides, that Jack…

2Cases cited8 opinions

  1. Dudley v. EastonSupreme Court of the United States · 1881
  2. Avent v. ArringtonSupreme Court of North Carolina · 1890
  3. Doe on Demise of Tate's Heirs v. SouthardSupreme Court of North Carolina · 1824
  4. Neal v. NelsonSupreme Court of North Carolina · 1895
  5. Jenkins v. . BobbittSupreme Court of North Carolina · 1877

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