Norfleet v. Cromwell
Supreme Court of North Carolina
Civil action, upon a covenant of defendant’s assignor, tried, at Spring Term, 1873, of EdgeooMbe Superior Court, before 3iis Honor, Judge Moore. All the facts pertinent to the points decided, are set out in the opinion of the Court. The jury, upon the issues submitted to them by the presiding Judge, found a verdict for the plaintiffs. Judgment in accordance therewith, and appeal by defendant. 1. The Banal Law is unconstitutional.
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Civil action, upon a covenant of defendant’s assignor, tried, at Spring Term, 1873, of EdgeooMbe Superior Court, before 3iis Honor, Judge Moore. All the facts pertinent to the points decided, are set out in the opinion of the Court. The jury, upon the issues submitted to them by the presiding Judge, found a verdict for the plaintiffs. Judgment in accordance therewith, and appeal by defendant. 1. The Banal Law is unconstitutional. All lands in this county are held by tenure under the United States Government, and this secures to the land owner an estate free from all incumbrances, save those…
1Opinion of the CourtRodman, J.
These are the facts material for the present purpose as gathered from the pleadings and verdict.
In January, 1855, Eaton Cobb and the plaintiff Ilarrell were in the possession and use of a canal lying partly on their own lands and partly on the lands of others, of whom the defendant was one. It passed near to, but did not touch two pieces of land then belonging to one Gregory, which, upon his death descended to Lloyd, after whose death the defendant purchased them from his devisees.
In 1855, the defendant owned certain lands, which he still owns, which lie below the lands of the plaintiffs, and…
2Cases cited3 opinions
- Barrow v. RichardNew York Court of Chancery · 1840
- St. Andrew's Lutheran Church's AppealSupreme Court of Pennsylvania · 1871
- Tyler v. BeacherSupreme Court of Vermont · 1871
3Cited by29 opinions
- Durham v. Cotton Mills.Supreme Court of North Carolina · 1906
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
- Conduitt v. RossIndiana Supreme Court · 1885
- Reed v. ElmoreSupreme Court of North Carolina · 1957
- Sanderlin v. LukenSupreme Court of North Carolina · 1910
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