Faulk v. . Thornton
Supreme Court of North Carolina
Civil actiox, tried at May Term, 1890, of Cumberland Superior Court, Gilmer, J., presiding. The complaint alleges that the plaintiff is the owner and in possession of the tract of land — a town lot — described by particular metes and bounds specified, that do not embrace the “alley-way” and the room or rooms situate immediately over the same, presently to be mentioned and described, and that his two-story brick house described is situate upon this lot.
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Civil actiox, tried at May Term, 1890, of Cumberland Superior Court, Gilmer, J., presiding. The complaint alleges that the plaintiff is the owner and in possession of the tract of land — a town lot — described by particular metes and bounds specified, that do not embrace the “alley-way” and the room or rooms situate immediately over the same, presently to be mentioned and described, and that his two-story brick house described is situate upon this lot. It further alleges— “ 2. That until the times hereinafter complained of there was formerly an open alley-way running the whole length of the…
1Opinion of the CourtMerrimon, C. J.
after stating the case: It is not the purpose of this action to recover possession of the land described in the complaint or any part of it, but its object is to recover damages occasioned by the alleged trespass of the defendant thereon. The action is in the nature of the action of trespass guare clausum fregit under the former method of civil procedure in this State, and the gist of it is the injury to the possession of the plaintiff. The general rule is that unless at the time the injury complained of was committed the plaintiff was in the possession of the land, trespass cannot be…
2Cases cited7 opinions
- McLaurin v. . CronlySupreme Court of North Carolina · 1884
- Harris v. . SneedenSupreme Court of North Carolina · 1889
- McKee, Sheriff v. . LinebergerSupreme Court of North Carolina · 1873
- Brittain v. . DanielsSupreme Court of North Carolina · 1886
- London v. . BearSupreme Court of North Carolina · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Whichard v. LipeSupreme Court of North Carolina · 1942
- Whichard v. . LipeSupreme Court of North Carolina · 1942
- Talley v. Harriss Granite Quarries Co.Supreme Court of North Carolina · 1917
- Wilkes Poultry Co. v. Clark Trailer & Equipment Co.Supreme Court of North Carolina · 1958
- Dickens v. Perkins.Supreme Court of North Carolina · 1904
2 more not listed; retrieve them via the Exa API.