Bynum v. . Thompson
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Wayne county, at Spring Term,- 1843, his Honor Judge Bailey presiding. This was an action of Trespass, quare clausum fregit. On the trial, much testimony was introduced as to the boundaries claimed respectively by the plaintiff and defendants, it is unnecessary to' state if, as the following are the only facts, upon which the questions arose, on which the Supreme Court decided.
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Appeal from the Superior Court of Law of Wayne county, at Spring Term,- 1843, his Honor Judge Bailey presiding. This was an action of Trespass, quare clausum fregit. On the trial, much testimony was introduced as to the boundaries claimed respectively by the plaintiff and defendants, it is unnecessary to' state if, as the following are the only facts, upon which the questions arose, on which the Supreme Court decided. The plaintiff claimed title to the land in dispute under a patent, granted to Richard Brasswell, dated the 11th day of July, 1739, which was produced, and was alleged (o cover…
1Opinion of the CourtRuffin, C. J.
The court perceives no error in those parts of the instructions given to the jury, which were intended to enable them .to ascertain the boundaries of the patent of 1739 to Braswell, and of that of 1761, to Dewey and Baker. But the opinion of the court does not accord with other views taken of the case by his Honor. In one of the case, it is assumed that the jury would find that the grant to Braswell covered the locus in quo, and that the other did also, and in that case, the jury was instructed, that the plaintiff could maintain the action, because the title was in Braswell, as the elder…
2Cited by11 opinions
- Philbin v. CarrIndiana Court of Appeals · 1920
- State v. BrooksSupreme Court of North Carolina · 1969
- Lindsay v. Beaman.Supreme Court of North Carolina · 1901
- Ray v. . AndersSupreme Court of North Carolina · 1913
- Carswell v. Town of MorgantonSupreme Court of North Carolina · 1952
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