Phelps v. . Blount
Supreme Court of North Carolina
From Washington. Trespass q,uare ceausum pub git, tried before his honor Judge Strange, on the last Fall Circuit. The locus in quo was a cypress swamp, which had never been in the actual possession of any one. The Plaintiff offered no evidence, of title, but the will: of one Eleazjcr Swain, by which the land was devised to his son Thomas Swain, and a judgment and execution against the latter with a Sheriff’s deed to himself.
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From Washington. Trespass q,uare ceausum pub git, tried before his honor Judge Strange, on the last Fall Circuit. The locus in quo was a cypress swamp, which had never been in the actual possession of any one. The Plaintiff offered no evidence, of title, but the will: of one Eleazjcr Swain, by which the land was devised to his son Thomas Swain, and a judgment and execution against the latter with a Sheriff’s deed to himself. He then offered to prove, that Thomas Swain and the De-fcndaut, under If.Is pretended title, entered upon the land, and o'ot a large, quantity of shingles, for which…
1Opinion of the Court
Henderson, Chief-Justice.
I think the Judge erred in not extending the estoppel to Blount, for the case states, that Swain and the Defendant, under Swain’s pretended title, entered upon the land. Now it appears to me, that if Swain is estopped from setting up title, in himself, that Blount, who acted under that title, or to use the words of the case, the pretended title of Swain, is equally estopped; and that a title by estoppel, will, as to them estopped, as well as a title against the world, draw to it the possession. Which constructive possession, according to our notions, supports the…
2Cited by4 opinions
- Drake v. . HowellSupreme Court of North Carolina · 1903
- Drake v. HowellSupreme Court of North Carolina · 1903
- McMillan v. . HafleySupreme Court of North Carolina · 1815
- Gray v. . HarrisonSuperior Court of North Carolina · 1804