Carolina Central Railroad v. McCaskill
Supreme Court of North Carolina
Civil ACTION for the recovery of land, tried before MacRae, Judge, and a jury, at Fall Term, ^885, of the Superior Court of RobesON county.
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Civil ACTION for the recovery of land, tried before MacRae, Judge, and a jury, at Fall Term, ^885, of the Superior Court of RobesON county. The Wilmington and Charlotte Railroad Company, whose corporate name was changed by an amendatory enactment, ratified immediately thereafter, into that of the Wilmington, Charlotte and Rutherford Railroad Company, was formed and organized under an act of the General Assembly, passed at the session of 1854-’55, ch. 225, for the construction of a railroad communication between Wilmington and Rutherford ton, its terminal points, passing by Charlotte. Section…
1Opinion of the Court
Shith, C. j.
(after stating the facts). It is not material to inquire into the source from which the defendant derives his title, beyond his mere occupancy, since the plaintiff must establish its right to the possession of the premises, in order to a judgment of ejection. In whomsoever the estate was vested, there being no suggestion that they were under disabilities, it was, under the statute, as soon as the road was constructed and toties quoties as it progressed towards conclusion, transferred to the corporation, of the required width of 100 feet on either side, to be paid for as directed,…
2Cases cited9 opinions
- Johnston v. . RankinSupreme Court of North Carolina · 1874
- McIntire v. Western N. C. RailroadSupreme Court of North Carolina · 1872
- W. S. Mason v. . Alfred WilliamsSupreme Court of North Carolina · 1872
- Holmes v. CrowellSupreme Court of North Carolina · 1875
- Melvin v. . BullardSupreme Court of North Carolina · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
- Roby v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Raleigh & Augusta Air Line Railroad v. SturgeonSupreme Court of North Carolina · 1897
- Eltinge v. SantosCalifornia Supreme Court · 1915
37 more not listed; retrieve them via the Exa API.