McAllister v. . Devane
Supreme Court of North Carolina
Ejectment -- Lappage — Praetiee. Civil ActioN for recovery of land, tried at January Term, 1876, of Cumberland Superior Court, before Buxton, J. Plaintiff claimed title and possession of three tracts of land situated on Lock’s Creek, Cumberland county, containing 200, 83 and 50 acres respectively. Defendant disclaimed as to all outside of certain lines, within which were included, as plaintiff claimed, parts of each of the said three tracts.
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Ejectment -- Lappage — Praetiee. Civil ActioN for recovery of land, tried at January Term, 1876, of Cumberland Superior Court, before Buxton, J. Plaintiff claimed title and possession of three tracts of land situated on Lock’s Creek, Cumberland county, containing 200, 83 and 50 acres respectively. Defendant disclaimed as to all outside of certain lines, within which were included, as plaintiff claimed, parts of each of the said three tracts. Defendant denied plaintiff’s right as to residue. Plaintiff read in evidence grants to Alexander McAllister for the said three tracts as follows : a…
1Opinion of the Court
PeaRSON, O. J.
His Honor put the case upon the true point, and in that way reduced it to very narrow limits. We also commended the counsel of the plaintiff for abandoning several points taken in the excitement of the trial in the Court below, which upon reflection he became satisfied were untenable ; a course of that kind, if pursued by the members of the bar in all cases would greatly relieve the members of this Coui't — indeed it has almost become a necessity by reason of the voluminous records that are sent up.
■The “ locus in quo” is a mill and a few acres of laud appurtenant thereto. It is…
2Cited by3 opinions
- Beaufort Lumber Co. v. PriceSupreme Court of North Carolina · 1907
- Kitchen v. . WilsonSupreme Court of North Carolina · 1879
- Barringer v. Virginia Trust Co.Supreme Court of North Carolina · 1903