Pate v. . Hazell
Supreme Court of North Carolina
This was a civil ACTION to recover the possession of a sewing-machine, tried at the April Term, 1890, of Wayne Superior Court, by Brown, J. The plaintiff testified that he was in possession from 1886 to 1890, and that it was pawned to him by defendant’s lessees. The facts are set out in the opinion.
1Opinion of the Court
Shepherd, J.:
The defendant, the legal owner of the sewing-machine, leased it to Annie Smith (now Mrs. Atkinson), who, with her husband, pledged it to the plaintiff. The plaintiff held it in his possession about four years, when it was discovered and taken by the defendant. The plaintiff claims title by reason of his four years’ possession.
It is argued that the possession of a chattel confers title when the possession has been of sufficient duration to bar an action for its recovery, and for this position the case of Campbell v. Holt, 115 U. S., 620, is cited. Whatever may have been held by…
2Cases cited1 opinion
- Campbell v. HoltSupreme Court of the United States · 1885
3Cited by5 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Cullifer v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Ivey v. Crown Memorial Park, LLC. (In Re Lee Memory Gardens, Inc.)United States Bankruptcy Court, M.D. North Carolina · 2005
- Hanford v. Southern Railway Co.Supreme Court of North Carolina · 1914
- McCutchen v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1908