Sneeden v. . Harris
Supreme Court of North Carolina
Civil action, heard upon complaint and demurrer, before Mclver, J., at the April Term, 1891, of the Superior Court of New Hanover County.
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Civil action, heard upon complaint and demurrer, before Mclver, J., at the April Term, 1891, of the Superior Court of New Hanover County. The complaint is as follows: 1. That during the Summer and Fall of 1887 plaintiff was in possession of a certain tract of land, or island, in New Iianover County in Wrightsville Sound, near the ocean, and known as Sneeden’s Hammocks, occupying same under a claim of title which he believed to be good and valid. 2. That during that period there was a considerable discussion in the community about the probability of two railroads being constructed to the…
1Opinion of the Court
Davis, J.:
The substance of the allegation as to defendant West is that, at the request of defendant Harris, he signed the usual undertaking required in arrest and bail, and it is not alleged that he participated in the torts alleged, nor does it appear that he was in any way liable for them except as surety on said undertaking, which would be ex contractu, and the demurrer as to him must be sustained.
As to the other defendants, the complaint clearly and distinctly alleges, in substance, that the plaintiff was in the quiet and peaceable possession of certain real property which he believed to…
2Cases cited2 opinions
- Watkins v. BairdMassachusetts Supreme Judicial Court · 1810
- Harriss v. . SneedenSupreme Court of North Carolina · 1888
3Cited by17 opinions
- Dishaw v. WadleighAppellate Division of the Supreme Court of the State of New York · 1897
- R. R. v. . Hardware Co.Supreme Court of North Carolina · 1905
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1905
- Wright v. . HarrisSupreme Court of North Carolina · 1912
- Wright v. HarrisSupreme Court of North Carolina · 1912
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