Baggett v. . Lanier
Supreme Court of North Carolina
ActioN tried before Kerr, J., and a jury, at February Term, 1919, of Harnett. This is an action to recover tbe possession of land, for an injunction, ■and for damages. Defendant disclaimed ownership as to the first tract, but denied plaintiff’s title as to the second tract of seventeen acres. The plaintiff claimed the land under a grant from the State, issued on 12 December, 1898, to one James R. Grady, and mesne conveyances from the latter and others to himself.
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ActioN tried before Kerr, J., and a jury, at February Term, 1919, of Harnett. This is an action to recover tbe possession of land, for an injunction, ■and for damages. Defendant disclaimed ownership as to the first tract, but denied plaintiff’s title as to the second tract of seventeen acres. The plaintiff claimed the land under a grant from the State, issued on 12 December, 1898, to one James R. Grady, and mesne conveyances from the latter and others to himself. Defendant asserted his right to the land by adverse possession for more than thirty years prior to the date of the grant to J. R.…
1Opinion of the Court
Walker, J.,
after stating the case: The plaintiff reserved but two exceptions — first, that the deed of D. H. McLean, commissioner, to defendant was incompetent, as it did not appear that he had authority to make it, and that it does not appear that it covers this land; and second, that the charge in reference to the possession of the defendant and those under whom he claims was erroneous.
1. We do not see why the recitals in the McLean deed were not competent and sufficient to show his authority to make the deed. Irvin v. Ciark, 98 N. C., 437. Plaintiff relies on Barefoot v. Musselwhite, 153…
2Cases cited11 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Irvin v. . ClarkSupreme Court of North Carolina · 1887
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Hargrove v. WilsonSupreme Court of North Carolina · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Murphy v. Suncrest Lumber Co.Supreme Court of North Carolina · 1923
- King v. RichardsonCourt of Appeals for the Fourth Circuit · 1943
- Hill v. North Carolina RailroadSupreme Court of North Carolina · 1920
- Brown v. MillerCourt of Appeals of North Carolina · 1983
- State v. . JonesSupreme Court of North Carolina · 1921
10 more not listed; retrieve them via the Exa API.