Page v. . Branch
Supreme Court of North Carolina
This was a special PROCEEDING for the partition of land, fried upon issues joined, before Shepherd, Judge, at Pall Term, 1886, of Pitt Superior Court. The plaintiffs alleged that the3r were tenants in common with the defendants of the land mentioned in the petition. The defendants denied this, and claimed to be sole seized. Issues were submitted to a jury, who found that Bart.
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This was a special PROCEEDING for the partition of land, fried upon issues joined, before Shepherd, Judge, at Pall Term, 1886, of Pitt Superior Court. The plaintiffs alleged that the3r were tenants in common with the defendants of the land mentioned in the petition. The defendants denied this, and claimed to be sole seized. Issues were submitted to a jury, who found that Bart. Page was entitled to an undivided share of three fifths of one sixth, and W. S. Page to one fifth of one sixth of the land, and that defendants were not sole seized. It was conceded that if the plaintiffs were tenants…
1Opinion of the Court
Davis, J.,
(after stating the facts). The only question for our consideration is: Did the Court err in refusing to instruct the jury, that seven years’ adverse possession under the deed of 1866 would be sufficient to bar the plaintiffs’ title, even if Rebecca Branch had not claimed adversely to the heirs at laws or their grantees?
The charge of his Honor and the finding of the jury, render it unnecessarjr for us to consider the character of Rebecca Branch’s possession — -it was not adverse. Grandy v. Bailey, 13 Ired., 221.
In 1866, the plaintiffs and defendants were tenants in common, and they…
2Cases cited5 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Branch v. . WalkerSupreme Court of North Carolina · 1885
- Covington v. . StewartSupreme Court of North Carolina · 1877
- Day v. . Howard and BakerSupreme Court of North Carolina · 1875
- Doe Ex Dem. Linker v. BensonSupreme Court of North Carolina · 1872
3Cited by36 opinions
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Morehead v. HarrisSupreme Court of North Carolina · 1964
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Allred v. Smith.Supreme Court of North Carolina · 1904
- Carson v. . CarsonSupreme Court of North Carolina · 1898
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