Legal Opinion

Lain v. . Gaither

Supreme Court of North Carolina

Decided January 5, 1875PublishedCited by 2 opinions

This was a civil action, for the recovery of specific articles of personal property, tried before his Honor, Judge Wilson, at the Fall Term, 1874, of the Superior Court of Davie cconty. On the trial in the Court below, the plaintiff, as a witness, stated that the defendants had borrowed of him a still and a number of still tubs, and upon his demanding their return, they had refused to give them up.

Read the full summary

This was a civil action, for the recovery of specific articles of personal property, tried before his Honor, Judge Wilson, at the Fall Term, 1874, of the Superior Court of Davie cconty. On the trial in the Court below, the plaintiff, as a witness, stated that the defendants had borrowed of him a still and a number of still tubs, and upon his demanding their return, they had refused to give them up. On his cross-examination , the counsel for defendants proposed to show, that the title to the still, &c., ivas in the assignee in bankruptcy of the plaintiff, and that he, the plaintiff, had been…

1Opinion of the CourtBynum, J.

The general proposition is true, that lie who acquires possession under another, shall not deny the title of him under whom he holds, so as to prevent him from re-assuming the possession. This, however, is not upon the strict principles of an estoppel, but upon one of morality and good faith analogous to it, which will be adhered to by the Courts, unless it will work injustice, and especially to the rights of third persons, the duty of protecting which has not been officially assumed by the defendant, but has been confided to him by the law. Yarborough v. Harris, 3 Dev., 40; Bennett v.…

2Cited by2 opinions

  1. Asheville & East Tennessee Railroad v. BairdSupreme Court of North Carolina · 1913
  2. Vinson v. Knight.Supreme Court of North Carolina · 1905

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API