Legal Opinion

Logan v. . Fitzgerald

Supreme Court of North Carolina

Decided February 5, 1885PublishedCited by 1 opinion

Civil ACTION, for the recovery of land, heard before Graves, Judge, and a jury, at Spring Term, 1884, of BuNCOMBE Superior Court. It is conceded that the land in controversy belongs to the plaintiff by .virtue of the deeds under which he claims, unless the title thereto has been divested and transferred to the defendant Lorena Ramsay, of whom the other defendants are tenants, by virtue of possession accompanied with color of title for the prescribed period of time.

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Civil ACTION, for the recovery of land, heard before Graves, Judge, and a jury, at Spring Term, 1884, of BuNCOMBE Superior Court. It is conceded that the land in controversy belongs to the plaintiff by .virtue of the deeds under which he claims, unless the title thereto has been divested and transferred to the defendant Lorena Ramsay, of whom the other defendants are tenants, by virtue of possession accompanied with color of title for the prescribed period of time. To sustain the defence, it was shown that Jacob Ramsay resided on laud adjoining that in dispute, just south of the line 7, 8, 6,…

1Opinion of the CourtSmith, C. J.

(after stating the facts). Assuming the acts of ownership exercised upon and over the disputed territory outside of the enclosure and up to her claimed northern boundary, as run and marked by Blackstock, to have been so numerous and frequent and for so long a period, as to constitute a possession, as defined in the opinion in Staton v. Mullis, ante, 623, it is manifest that such possession to be followed by the legal consequences attributed to it, must not have been interrupted during the prescribed time by the entry of the true owner, as of right, upon the premises, and his exercising…

2Cases cited1 opinion

  1. Howell v. . McCrackenSupreme Court of North Carolina · 1882

3Cited by1 opinion

  1. Roberts v. . PrestonSupreme Court of North Carolina · 1890

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