Doe on Demise of Bullard v. Barksdale
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Sampson County, at the Fall Term 1850, his Ho¡nor Judge Battle presiding. This was an action of Ejectment, The premises are situate in Sampson County and contain 440 acres, and were granted to the lessor of the plaintiff in 1845, who instituted this suit in May 1846 : the defendant gave evidence at the trial, that, in 1847, he purchased the premises from a person then in possession, and immediately entered and had been in actual…
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Appeal from the Superior Court of Law of Sampson County, at the Fall Term 1850, his Ho¡nor Judge Battle presiding. This was an action of Ejectment, The premises are situate in Sampson County and contain 440 acres, and were granted to the lessor of the plaintiff in 1845, who instituted this suit in May 1846 : the defendant gave evidence at the trial, that, in 1847, he purchased the premises from a person then in possession, and immediately entered and had been in actual possession of them ever since, and that his vendor and those, under whom he claimed, had been in the actual continued…
1Opinion of the Court
RfjTFfN, C, J.
There have been so. many adjudications upon titles set up under the presumption of conveyances, from ancient and continued possession, after full discussions, that one is under no necessity of going back to the nature and grounds of the presumption, in order to consider them in detail. It is sufficient to say, that it is established, as a general proposition, that, from a long and peaceable possession, upon a claim of the right, a presumption arises that the possession was rightful, and, therefore, was under sueh deeds and assurances as arc necessary to impart to it that…
2Cited by1 opinion
- Bullard v. Hollingsworth.Supreme Court of North Carolina · 1906