Williams and Wife v. . Lanier
Supreme Court of North Carolina
This was an action on the case, in the nature of waste. Pleas. general issue and Statute of limitations. On the trial before his Honor, Judge Bailey, at Martin at the Fall Term, 1850, the case was as follows: The locus in quo descended to the feme plaintiff, Mrs. Williams, when an infant, and during her minority she intermarried with the other plaintiff, between the years 1830 and 1844; and after the descent of the land, and during her marriage, and after the birth of a…
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This was an action on the case, in the nature of waste. Pleas. general issue and Statute of limitations. On the trial before his Honor, Judge Bailey, at Martin at the Fall Term, 1850, the case was as follows: The locus in quo descended to the feme plaintiff, Mrs. Williams, when an infant, and during her minority she intermarried with the other plaintiff, between the years 1830 and 1844; and after the descent of the land, and during her marriage, and after the birth of a child, the defendants, who had no estate in the land, trespassed on it, and cut and carried off for sale a great number of…
1Opinion of the CourtPearson, J.
The feme plaintiff owned the land in fee simple, and intermarried with the other plaintiff, who took possession, and there was issue born alive. Afterwards, the defendant entered' upon the land, and cut many timber trees. The action is case “in the nature of waste,” for the injury to the inheritance. The defendant insists — -first, case is not the proper action; secondly, the action is barred by the Statute of limitations, notwithstanding the coverture.
A reversioner or remainderman could not bring a writ of waste against a stranger, because privity of estate was necessary to support the…
2Cited by7 opinions
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- Davis v. . CookeSupreme Court of North Carolina · 1825
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