Shuler v. Burnhardt Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiff from Bryson, J., at June Term, 1920, of G-raham. Tbis is an action to recover damages for a trespass on lands embraced in grant No. 10391, entry No. 1178, as shown on tbe court map. Tbe grant was issued to J. B. Caringer and W. T. Shuler on 12 December, 1890. Plaintiffs are tbe heirs at law of W. T. Shuler.
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Appeal by plaintiff from Bryson, J., at June Term, 1920, of G-raham. Tbis is an action to recover damages for a trespass on lands embraced in grant No. 10391, entry No. 1178, as shown on tbe court map. Tbe grant was issued to J. B. Caringer and W. T. Shuler on 12 December, 1890. Plaintiffs are tbe heirs at law of W. T. Shuler. At date of tbis grant, and up to bis death, W. T. Shuler, father of plaintiffs, and his wife, Eachel Shuler, were living on tracts 1058 and 4559 (Whitaker land), adjoining the above mentioned grant. All of the above lands were covered by grant No. 3140, entry 3029,…
1Opinion of the Court
Walker, J.,
after stating the case: The first question presented is, ‘Did the judgment in favor of A. T. Davidson, entered November, 1895, estop the defendants there (plaintiffs here) from acquiring title by adverse possession? We are of the opinion that the following cases are clear authority against this position: Wilson v. Brown, 134 N. C., 400; Reynolds v. Cathens, 50 N. C., 438; Eddleman v. Carpenter, 52 N. C., 617, Scarboro v. Scarboro, 122 N. C., 234. The Court, in Reynolds v. Cathens, supra, held that the possession of a grantor in a deed, who" holds over, after his deed was delivered,…
2Cases cited3 opinions
- Wilson v. BrownSupreme Court of North Carolina · 1904
- Demise of Johnson v. FarlowSupreme Court of North Carolina · 1851
- Scarboro v. . ScarboroSupreme Court of North Carolina · 1898
3Cited by1 opinion
- Taylor v. ScottSupreme Court of North Carolina · 1961