Gordner v. Blades Lumber Co.
Supreme Court of North Carolina
Civxx. actioN in nature of trespass quare clausum fregit, tried before Shaw, J., and a jury, at November Term, 1906, •Superior Court of Oeaven County. At the close o-f plaintiff’s testimony, on motion of defendant, the action was dismissed as on judgment of nonsuit, and plaintiff excepted and appealed.
1Opinion of the CourtHoke, J.
The .action of trespass quare clausum fregit is the appropriate remedy for the wrongful invasion of another’s possession of realty. It lies for injury to the possession, and, in order to sustain the action, it is required that the plaintiff should establish by proper proof that he was in the actual or constructive possession of the property at the time the wrong was done. State v. Reynolds, 95 N. C., 616; Patterson v. Bodenhamer et al., 33 N. C., 4; Smith v. Wilson, 18 N. C., 40.
If there is no evidence of actual possession, and the plaintiff seeks to recover by reason of constructive…
2Cases cited8 opinions
- McCormick v. . MonroeSupreme Court of North Carolina · 1853
- Drake v. HowellSupreme Court of North Carolina · 1903
- Kitchen v. . WilsonSupreme Court of North Carolina · 1879
- State v. . ReynoldsSupreme Court of North Carolina · 1886
- Patterson v. . BodenhammerSupreme Court of North Carolina · 1850
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3Cited by6 opinions
- Matthews v. ForrestSupreme Court of North Carolina · 1952
- Barfield v. . HillSupreme Court of North Carolina · 1913
- Williams v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1918
- Armstrong Ex Rel. Martin v. ArmstrongSupreme Court of North Carolina · 1949
- Livingston v. ThornleyUtah Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.