Logan v. . Fitzgerald
Supreme Court of North Carolina
Ejectment tried at Spring Term, 1882, of Buncombe Superior Court, before Gilliam, J. The plaintiff claimed to be the owner in fee of the land in dispute, and the defendant, Lorena Ramsey, admits the same, except as to a portion embraced within the letters and figures as set out in the opinion of this court, to which portion she alleges title in herself, and claims under a continuous adverse possession under known and visible boundaries for more than forty years, and also…
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Ejectment tried at Spring Term, 1882, of Buncombe Superior Court, before Gilliam, J. The plaintiff claimed to be the owner in fee of the land in dispute, and the defendant, Lorena Ramsey, admits the same, except as to a portion embraced within the letters and figures as set out in the opinion of this court, to which portion she alleges title in herself, and claims under a continuous adverse possession under known and visible boundaries for more than forty years, and also under a seven years adverse possession with color. Upon the ease stated in the opinion, the jury found against the…
1Opinion of the CourtSmith, C. J.
It is conceded that the deed executed in September, 1833, to Thomas Deaver, under whom the plaintiff claims, covers the territory in dispute, and he has title thereto, unless it has been diverted by long adversary possession in the defendant, Lorena Ramsey, and those whose estate she has acquired.
The answer sets up two sources of title, the one derived under such unbroken possession alone, running back for a period of thirty years, unsupported by deed or other instrument in writing ; the other, under a possession of more than seven years with color of title furnished both by will and deed.
The…
2Cases cited1 opinion
- Gudger v. . HensleySupreme Court of North Carolina · 1880
3Cited by5 opinions
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- Baggett v. . LanierSupreme Court of North Carolina · 1919