Springs v. Schenck
Supreme Court of North Carolina
Submitting to Nonsuit — Landlord and Tenant— Writ of Possession — Ejectment. Civil action, tried before MacRae, /., and a jury, at Pall Term, 1887, of Mecklenburg Superior Court.
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Submitting to Nonsuit — Landlord and Tenant— Writ of Possession — Ejectment. Civil action, tried before MacRae, /., and a jury, at Pall Term, 1887, of Mecklenburg Superior Court. The following is a copy of the material part of the case settled on appeal: The plaintiff brought his action to recover the land described in the complaint, and, in order to establish his title and right of possession, he introduced a deed made in 1868, by one Phelps to S. & F. Rothchild, and then a deed made in 1883, by S. & F. Rothchild, to himself. He introduced witnesses, who testified that each of these deeds…
1Opinion of the Court
MekrimoN, J.,
(after stating the facts). As the Court, in effect, intimated on the-trial, that in no reasonable view of the evidence produced, could the appellant recover, it must, *555for the present purpose, be accepted as true, and taken in the most favorable light for him, because the jury might have taken that view of it, if it had been submitted to them. Abernathy v. Stowe, 92 N. C., 213; Gibbs v. Lyon, 95 N. C., 146.
Then, accepting the evidence of the appellant as true, the-appellee Schenck was, at the time this action was brought,, and, for several years next before that time, had been,…
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- Davis v. . DavisSupreme Court of North Carolina · 1880
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