Conwell v. Mann

Decided February 15, 1888

Supreme Court of North Carolina · decided 1888-02-15

Civil. ACTION — Ejectment—tried before Avery, I, and a jury, at the Fall Term, 1887, of Northampton Superior Court. Verdict and judgment for the defendant. Plaintiff appealed. The plaintiff, in support of his title to the land described in his complaint, produced in evidence: 1. Proceedings for partition of land of one Edward E. Moore, among his heirs at law, in 1825, and the allotment of share B to Stephen L. Moore, in the Court having jurisdiction. 2.

Good law ✅— No negative treatment on recordhow we know

Decided 1888-02-15

How this case has been cited

Cited by 7 later decisions — most recently May 1976

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Smith, C. J.,

¶1(after stating the facts). While the instructions asked were not given, in very words, all that is material to the defence contained in them are embodied in the charge. For the Court told the jury, that “ if Joab Outland put William Mann in possession, telling him that it should be a home to him, as testified to by the witnesses, and further, if the plaintiff complied with the provisions of the trust deed, the defendant would be deemed, in law, the tenant of the plaintiff and estopped from disputing his title.” So the defence was distinctly put to the jury, and the appellant has no cause of complaint.

¶2There is no error, and the judgment is affirmed.

¶3No error. Affirmed.