Davis v. . Stroud
Supreme Court of North Carolina
Action to Recover Land — Enidence—Bond for Title — Possession— Trespass— Variance. This was a civil action, brought to compel a conveyance of a legal title by defendant to plaintiffs of a tract of land, and for possession, tried at- the August Term, 1889, of the Superior Court of LeNOIB, County, before Bynum, J: In the original complaint, the plaintiffs claim that they are the owners, and entitled to the possession, of a tract of land lying in Lenoir County, situated in…
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Action to Recover Land — Enidence—Bond for Title — Possession— Trespass— Variance. This was a civil action, brought to compel a conveyance of a legal title by defendant to plaintiffs of a tract of land, and for possession, tried at- the August Term, 1889, of the Superior Court of LeNOIB, County, before Bynum, J: In the original complaint, the plaintiffs claim that they are the owners, and entitled to the possession, of a tract of land lying in Lenoir County, situated in Trent township, adjoining the lands of Stephen Davenport and others, bounded on the north by Lewis Davenport; on the south…
1Opinion of the Court
Avery, J
— after stating the facts: It is sometimes difficult to decide from such a mass of testimony and exceptions, as we have in this case, including even the objections entered for the defendant, the principle that governs a case. But we concur in the conclusion reached by the Judge below, that the plaintiffs are not entitled, in any aspect of the case, to recover, for reasons that seem to us obvious.
The burden was upon the plaintiffs to show a better title, derived from John C. Washington, either legal or equitable, for the land described in the complaint, than that of defendant,- claimed…
2Cases cited1 opinion
- Carpenter v. . HuffstellerSupreme Court of North Carolina · 1882
3Cited by5 opinions
- Harriss v. HowardSupreme Court of Georgia · 1906
- Sharp v. Shenandoah Furnace Co.Supreme Court of Virginia · 1901
- Currie v. . HawkinsSupreme Court of North Carolina · 1896
- Peterson v. SucroCourt of Appeals for the Fourth Circuit · 1939
- Brown v. . KingSupreme Court of North Carolina · 1890