Morrison v. . Craven
Supreme Court of North Carolina
Civil actioN, for the recovery of land, commenced in April, 1892, and tried before Norwood, J., and a jury, at July Term, 1895, of Cabaeeus Superior Court. The plaintiffs claimed aone-balf interest in the land described in the pleadings, it being admitted that defendant owned the other half.
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Civil actioN, for the recovery of land, commenced in April, 1892, and tried before Norwood, J., and a jury, at July Term, 1895, of Cabaeeus Superior Court. The plaintiffs claimed aone-balf interest in the land described in the pleadings, it being admitted that defendant owned the other half. The plaintiffs claimed as the children and heirs at law of J. O. Pharr, and in order to show color of title introduced a deed from A. P. and J. J. Pharr to J. 0. Pharr, father of the ferns plaintiffs, which was dated in 1852. The testimony showed that J. 0. Pharr was not in possession of the land until…
1DissentDouglas, J.
This action, having been tried in the court below at June Term, 1895, should have been docketed here at the Fall Term of that year, or acertiorari applied for upon filing such part of the transcript as was available to the appellant. Burrell v. Hughes, ante., 277. But, by agreement of counsel, the case is now docketed, and where counsel waive the required diligence the court will not exact it.
The plaintiff rests her right to recover upon seven years' possession in her father under color of title. Code, sec. 141. The deed to him, which was color of title, was executed in 1852, but the grantor…
2Cases cited1 opinion
- Hare v. . HollomonSupreme Court of North Carolina · 1886
3Cited by4 opinions
- Shelton & Luck v. SydnorSupreme Court of Virginia · 1920
- Barnett v. . AmakerSupreme Court of North Carolina · 1929
- Barnett v. AmakerSupreme Court of North Carolina · 1929
- Norwood v. . PrattSupreme Court of North Carolina · 1899