McCormick v. . Monroe
Supreme Court of North Carolina
This is an action of trespass,, quare clausum ere&iT), tried before Ms Honor, Judge Settle, at the Eall Term, 1858, of Cumberland Superior Court.,' Plea:. general issue., The plaintiff declared upon a grant from the State, which includes the locus in quo — the grant contained the following' exception: “ Including two hundred and fifty acres previously granted, which is excepted in this grant.” $It was admitted, that the plaintiff was not in actual possession.
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This is an action of trespass,, quare clausum ere&iT), tried before Ms Honor, Judge Settle, at the Eall Term, 1858, of Cumberland Superior Court.,' Plea:. general issue., The plaintiff declared upon a grant from the State, which includes the locus in quo — the grant contained the following' exception: “ Including two hundred and fifty acres previously granted, which is excepted in this grant.” $It was admitted, that the plaintiff was not in actual possession. The defendant’s counsel requested his Honor to charge that the plaintiff must prove that the locus in quo was within the grant, and…
1Opinion of the Court
The plaintiff declared upon a grant from the State, which includes thelocus in quo — the grant contained the following exception: "Including two hundred and fifty acres previously granted, which is excepted in this grant." It was admitted that the plaintiff was not in actual possession. The defendant's counsel requested his Honor to charge that the plaintiff must prove that the locus in quo was within the grant, and without the exception. His Honor reserved the point; and on a verdict being found for the plaintiff, directed a non-suit to be entered, from which the plaintiff appealed. It was…
2Cited by23 opinions
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- Borders v. YarbroughSupreme Court of North Carolina · 1953
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- M. E. Gruber, Inc. v. EubankSupreme Court of North Carolina · 1929
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