Legal Opinion

Moore v. . Miller

Supreme Court of North Carolina

Decided March 31, 1920PublishedCited by 37 opinions

Civil action, tried before Calvert, and a jury, at October Term, 1919, of CUMBERLAND. TLe action is to recover a tract of land claimed by plaintiff on allegation tbat defendant is in tbe wrongful possession of a portion of said-land. Defendant alleged tbat be owned and was in possession of twenty-two and six-tenths acres of land in said county, setting forth boundaries, and denied tbat bis occupation and possession of said lands is wrongful.

Read the full summary

Civil action, tried before Calvert, and a jury, at October Term, 1919, of CUMBERLAND. TLe action is to recover a tract of land claimed by plaintiff on allegation tbat defendant is in tbe wrongful possession of a portion of said-land. Defendant alleged tbat be owned and was in possession of twenty-two and six-tenths acres of land in said county, setting forth boundaries, and denied tbat bis occupation and possession of said lands is wrongful. On tbe bearing, plaintiff introduced a connected line of deed, tbe first bearing date in 1895, for 185 acres of land in said county describing same by…

1Opinion of the CourtHoke, J.

The authoritative cases have not infrequently expressed approval of the position tbat in actions of ejectment plaintiff must recover on the strength of bis own title. Tbe various methods by which this requirement can be met are specifically set forth in Prevatt v. Harrelson, 132 N. C., 250-251; Mobley v. Griffin, 104 N. C., 112-115, and other decisions on the subject as follows:

“1. He may offer a connected chain of title or a grant direct from the State to himself.
“2. Without exhibiting any grant from the State, be may show open, notorious, continuous adverse and unequivocal possession of the…

2Cases cited18 opinions

  1. Mobley v. . GriffinSupreme Court of North Carolina · 1889
  2. Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
  3. Prevatt v. Harrelson.Supreme Court of North Carolina · 1903
  4. Huneycutt v. . BrooksSupreme Court of North Carolina · 1895
  5. Osborne v. . JohnstonSupreme Court of North Carolina · 1871

13 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Cutts v. CaseySupreme Court of North Carolina · 1971
  2. Keen v. ParkerSupreme Court of North Carolina · 1940
  3. Hayes v. RicardSupreme Court of North Carolina · 1956
  4. Keen v. . ParkerSupreme Court of North Carolina · 1940
  5. Locklear v. OxendineSupreme Court of North Carolina · 1951

32 more not listed; retrieve them via the Exa API.

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

Powered by the Exa API