Sikes v. . Basnight
Supreme Court of North Carolina
This was an action of trespass quake clausum pregit, to which the defendant entered the pleas of “general issue; liberum ten ementum ; and statute of limitations.”
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This was an action of trespass quake clausum pregit, to which the defendant entered the pleas of “general issue; liberum ten ementum ; and statute of limitations.” Upon the trial at Tyrrell, on the last Spring Circuit, before his Honor J udge Dick, the plaintiffs deduced title by a regular chain of conveyances, from one Daniel Sawyer to themselves; and then exhibited a deed from the said Daniel Sawyer to the defendant, for the land on which the trespass was committed, of a younger date than the deed under which they claimed. Neither party appeared to have been in actual possession farther…
1Opinion of the Court
Daniel, Judge.
Phelps v. Blount, 1 Dev. Rep. 177, was a case like the one now before the court. It was an action of trespass quare clausum, fregit. The court then decided that one claiming title under a party who is estopped to deny the title of the plaintiff, is also bound by that estoppel. And that he who claims a title by estoppel, is, as to those estopped, in the constructive possession of the land, and may maintain trespass. Daniel Sawyer was estopped by his deed, to deny the right of the plaintiff. The plaintiff, to estop the defendant from introducing in evidence the patent to Belangee,…
2Cited by4 opinions
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