Sutton v. . Jenkins
Supreme Court of North Carolina
Civil aotioN to try title to land, tried at November Term, 1907, oí tbe Superior Court of Pitt County, before Lyon, J., and a jury. Tbe issues submitted by tbe court, together with responses of tbe jury, are as follows: “1. Are tbe plaintiffs tbe owners and entitled to tbe possession of tbe twenty acres of land described in tbe complaint ?” Answer: “Yes.” “2. If so, wbat is the rental value of said land per year ?” Answer: “Fifty dollars.”
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Civil aotioN to try title to land, tried at November Term, 1907, oí tbe Superior Court of Pitt County, before Lyon, J., and a jury. Tbe issues submitted by tbe court, together with responses of tbe jury, are as follows: “1. Are tbe plaintiffs tbe owners and entitled to tbe possession of tbe twenty acres of land described in tbe complaint ?” Answer: “Yes.” “2. If so, wbat is the rental value of said land per year ?” Answer: “Fifty dollars.” “3. Does the defendant unlawfully withhold the said land from the plaintiff ?” Answer: “Yes.” “4. Are the plaintiff Laura Sutton and the defendant tenants…
1Opinion of the CourtBrown, J.
This action was tried in the Superior Court upon the theory that the plaintiffs were the owners in severalty of the twenty-acre tract in controversy, and the jury so found. There are many exceptions and assignments of error- relating to the evidence and the charge of the court, which, for brevity’s sake, we will not consider in detail. The record discloses that, on 14 January, 1881, F. II. Dawson executed a deed in fee for forty acres of land to the plaintiff Laura Sutton and to her brother, the defendant, Irwin Jenkins, then called “Junior.” There is evidence tending to prove that they, with…
2Cases cited8 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Hare v. . HollomonSupreme Court of North Carolina · 1886
- Whitehead v. . HellenSupreme Court of North Carolina · 1877
- King v. . RhewSupreme Court of North Carolina · 1891
- Moring v. . DickersonSupreme Court of North Carolina · 1881
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3Cited by8 opinions
- Henderson County v. OsteenSupreme Court of North Carolina · 1979
- Witherspoon v. BrummettNew Mexico Supreme Court · 1946
- Jackson v. . BairdSupreme Court of North Carolina · 1908
- McLawhorn v. . HarrisSupreme Court of North Carolina · 1911
- Everhart v. . AddertonSupreme Court of North Carolina · 1918
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