Legal Opinion

Den on Demise of Clinton v. Herring

Supreme Court of North Carolina

Decided July 5, 1810PublishedCited by 1 opinion

¡>B’rom Sampson. The principal question in this case was, Whether, under the act of 1791, ch. 13, a constructive possession,of lands for twenty-one years, under known and visible boundaries, bars the right of entry under the State? Upon the trial of the ejectment, the lessors of the Plaintiff gave in evidence a deed bearing date 3d November, 3.761, executed by Felix Kennon, Sheriff of Sampson county.

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¡>B’rom Sampson. The principal question in this case was, Whether, under the act of 1791, ch. 13, a constructive possession,of lands for twenty-one years, under known and visible boundaries, bars the right of entry under the State? Upon the trial of the ejectment, the lessors of the Plaintiff gave in evidence a deed bearing date 3d November, 3.761, executed by Felix Kennon, Sheriff of Sampson county. This deed recited a judgment recovered by John Sampson against one Vaughan, and an execution that issued on the judgment, which was levied on the land, and that John Sampson became the purchaser.…

1Opinion of the CourtHahi, Judge

The act of 1791, ch. 15, declares, That where any , . . person or persons, or the person or persons under whom jiej s|ie or |{iey claim, shall have been, or shall continue to be in possession of any lands, tenements or heredita-ments whatsoever, under titles derived from sales made either by creditors, executors or administrators of any person deceased, or by husbands and their wives, or by endorsement of patents, or other colourable title, for the space of twenty-one years, all such possessions of lands, tenements or hereditaments, under such title, shall be, and they are hereby ratiiied,…

2Cited by1 opinion

  1. Alonzo v. StateCourt of Appeals of Texas · 1884

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