Moody v. . Johnson
Supreme Court of North Carolina
Civil actiox to recover land, tried before Hoke, J., and a jury, at Spring Term, 1892, of Superior Court of Madisox County. Summons issued in June, 1890. The proof was that of the three children, heirs of Moody, Charles was twenty-nine at trial, Minnie twenty-five and Roscoe twenty-three— the last having become twenty-one within three years before writ issued.
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Civil actiox to recover land, tried before Hoke, J., and a jury, at Spring Term, 1892, of Superior Court of Madisox County. Summons issued in June, 1890. The proof was that of the three children, heirs of Moody, Charles was twenty-nine at trial, Minnie twenty-five and Roscoe twenty-three— the last having become twenty-one within three years before writ issued. Defendant denied plaintiff’s title, and claimed that plaintiffs had not been possessed of land at any time wntliin twenty years before suit brought, and that defendant owned same by occupation for seven consecutive years under color of…
1Opinion of the Court
Aveky, J.:
Where the testimony relied on in an action for the possession of land to establish the plaintiff’s title demonstrates incidentally the fact that a person or persons, other than the defendant, hold as tenants in common with plaintiff all of the undivided interest not held by the latter, the action enures to the benefit of such co-tenants as against a trespasser claiming sole seizin in himself, entitling the nominal plaintiff to recover, for himself and them, the whole. Allen v. Sallinger, 103 N. C., 14; Gilchrist v. Middleton, 107, N. C., 663; Foster v. Hackett, at this Term. When in…
2Cases cited3 opinions
- Allen v. . SalingerSupreme Court of North Carolina · 1889
- Dickens v. . LongSupreme Court of North Carolina · 1891
- Lenoir v. Valley River Mining Co.Supreme Court of North Carolina · 1890
3Cited by6 opinions
- Lance v. CogdillSupreme Court of North Carolina · 1953
- Newman v. Virginia, T. & C. Steel & Iron Co.Court of Appeals for the Fourth Circuit · 1897
- Bernhardt v. BrownSupreme Court of North Carolina · 1898
- Taylor v. . MeadowsSupreme Court of North Carolina · 1915
- Bernhardt v. . BrownSupreme Court of North Carolina · 1898
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