Moore v. Angel
Supreme Court of North Carolina
This was an action of trespass, tried at Fall Term, 1894, of MaooN Superior Court, before Shuford, J. Tbe pleadings were in tbe usual form and tbe amended complaint charges tbe defendant with trespass, and the amended answer charges tbe plaintiff with trespass. Tbe usual issues were framed and submitted to tbe jury.
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This was an action of trespass, tried at Fall Term, 1894, of MaooN Superior Court, before Shuford, J. Tbe pleadings were in tbe usual form and tbe amended complaint charges tbe defendant with trespass, and the amended answer charges tbe plaintiff with trespass. Tbe usual issues were framed and submitted to tbe jury. Tbe jury having found tlie same in favor of tbe plaintiff, the following judgment was rendered: “ This cause coming on to be heard upon tbe complaint and the answer (tbe defendant in his answer having set up a counter-claim against the plaintiff), and the jury for their verdict…
1Opinion of the Court
Avery, J.:
In his complaint the plaintiff alleged that he held title and possession of a certain tract of land, which he described by metes and bounds, and charged that defendant had trespassed upon it. The defendant denied all these allegations and set up, by way of counter-claim, that he was the owner and was in the possession of a specified tract of land, a part of which was embraced in the boundaries of that described in the complaint. In order to support an action for simple trespass, a plaintiff must show, where any person is holding adversely, actual possession, but in the absence of…
2Cases cited5 opinions
- Hurst, Miller & Co. v. EverettSupreme Court of North Carolina · 1884
- Harris v. . SneedenSupreme Court of North Carolina · 1889
- Cowles v. . FergusonSupreme Court of North Carolina · 1884
- Hobson v. . BuchananSupreme Court of North Carolina · 1887
- Murray v. . SpencerSupreme Court of North Carolina · 1885
3Cited by5 opinions
- Vanderbilt v. Johnson.Supreme Court of North Carolina · 1906
- Bryan v. . HodgesSupreme Court of North Carolina · 1909
- Swain v. . ClemmonsSupreme Court of North Carolina · 1918
- Cody v. . EnglandSupreme Court of North Carolina · 1942
- In Re Entry of HurleySupreme Court of North Carolina · 1923