Dawson v. . Abbott
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at June Term, 1922, of LeNoib. This is an action for land. Plaintiff claimed the land by adverse possession under color, as stated, and he testified: “I know the land described in the deed heretofore offered in evidence; it is mine; I have had possession of it and have been cultivating it for about thirty-five or forty years. My line runs, my southern line on the map, as indicated by the yellow line.
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Appeal by plaintiff from Lyon, J., at June Term, 1922, of LeNoib. This is an action for land. Plaintiff claimed the land by adverse possession under color, as stated, and he testified: “I know the land described in the deed heretofore offered in evidence; it is mine; I have had possession of it and have been cultivating it for about thirty-five or forty years. My line runs, my southern line on the map, as indicated by the yellow line. I have been in possession of the land in dispute for forty years. There is a branch running from 3 to Mr. Wallace’s; the stump there is the corner and has been…
1Opinion of the Court
WaliíeR, J.
We bave stated so much of tbe evidence as bears upon tbe question raised by tbe plaintiff, wbo it appears was claiming tbis land under a deed and adverse possession extending over many years— as much as twenty-five or thirty. The special exception taken by tbe plaintiff to tbe charge of tbe court is tbat relating to a bolding of tbe land by mistake, tbe particular instruction being tbis: “If a man is mistaken as to where his line is, and gets over the line through mistake, and holds it thinking it is his own when in truth it is not, but without intending to claim beyond the true…
2Cases cited2 opinions
- Williams v. . HarrellSupreme Court of North Carolina · 1851
- Doe on Dem. Mode v. LongSupreme Court of North Carolina · 1870
3Cited by5 opinions
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- Walls v. GrohmanSupreme Court of North Carolina · 1985
- Whiteheart v. GrubbsSupreme Court of North Carolina · 1950
- Sipe v. BlankenshipCourt of Appeals of North Carolina · 1978
- Jenkins v. JenkinsOregon Supreme Court · 1943