Loven v. . Roper
Supreme Court of North Carolina
Civil actioN to recover land, tried before Webb, J., and a jury, at April Term, 1919, of Aveey. Tbe complaint of plaintiffs sets forth two causes of action: First. One asserting ownership and the right to possession, which was wrongfully withheld by defendant. Second. That they were the owners in fee of the land, and defendants were in possession wrongfully, claiming title, and asking that the said false claim be removed as a cloud upon the true title held by them.
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Civil actioN to recover land, tried before Webb, J., and a jury, at April Term, 1919, of Aveey. Tbe complaint of plaintiffs sets forth two causes of action: First. One asserting ownership and the right to possession, which was wrongfully withheld by defendant. Second. That they were the owners in fee of the land, and defendants were in possession wrongfully, claiming title, and asking that the said false claim be removed as a cloud upon the true title held by them. At the close of the testimony on adverse intimation from the court as to plaintiff’s right to recover on either cause of action,…
1Opinion of the CourtHoke, J.
There was evidence on the part of plaintiff tending to show that plaintiffs are the children and heirs at law of Mary Jane Loven, deceased, and that the father of plaintiffs, Gr. A. Loven, was alive at the institution of the suit, and was not a party thereto, neither as plaintiff nor defendant. That Mary Jane Loven was the only child and heir at law of John Webb, deceased, who had a grant from the State covering the land in controversy, thus showing the title in reversion to the land in plaintiffs. That defendants were in possession of the land, wrongfully asserting title to the same in…
2Cases cited3 opinions
- Balcum v. . JohnsonSupreme Court of North Carolina · 1919
- Nobles v. . NoblesSupreme Court of North Carolina · 1919
- Blount v. . JohnsonSupreme Court of North Carolina · 1914
3Cited by6 opinions
- Magnolia Textiles, Inc. v. GillisMississippi Supreme Court · 1949
- Daley v. DaleyMassachusetts Supreme Judicial Court · 1941
- Stubbs v. United StatesDistrict Court, M.D. North Carolina · 1938
- Walston v. W. H. Applewhite & Co.Supreme Court of North Carolina · 1953
- PEOPLES OIL COMPANY v. RichardsonSupreme Court of North Carolina · 1967
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