Legal Opinion

Mayo v. . Blount

Supreme Court of North Carolina

Decided December 5, 1840PublishedCited by 10 opinions

This was an action of Trespass quare clausum fregit, tried at Fall Term, 1840, of Beaufort ¡Superior Court of Law, before his honor Judge Dick, when the plaintiff was non-suited and appealed to the Supreme Court. The facts are stated in the opinion of the Court.

1Opinion of the Court

Ruffin, Chief Justice.

This is an action of trespass quare clausum fregit, and was tried on the general issue. The plaintiff claimed under a deed to himself from William S. Rowland, dated December 13th, 1828. In it the land is thus described: “ A certain tract of land in the county of Beaufort, on the south side of Pamptico river, and west side of D. creek, and on or near the upper Cypress Swamp, a branch, of South D. creek, it being part of a tract of land formerly belonging to the estate of John Rowland, deceased, which fell to me by heirship by the death of my mother.”

For the purpose of…

2Cited by10 opinions

  1. Peebles v. Graham.Supreme Court of North Carolina · 1901
  2. W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
  3. Miller v. . JohnstonSupreme Court of North Carolina · 1917
  4. Benton v. Montgomery Lumber Co.Supreme Court of North Carolina · 1928
  5. Webb v. Mourning BattleSupreme Court of North Carolina · 1926

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