Locklear v. . Savage’s Empirical Analysis

Citation profile

1 district · 39 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I used the phrase `adverse possession,' and it is necessary for you to understand what that means. The best definition I have seen is given by our Supreme Court in the case of Locklear v. Savage , in 159 N.C. 236 (at pp. 237-8) in which the Court uses this language: Adverse possession `consists in actual possession, with an intent to hold solely for the possessor to the exclusion of others, and is denoted by the exercise of acts of dominion over the land, in making the ordinary use and taking the ordinary profits of which it is susceptible in its present state, such acts to be so repeated as to show that they are done in the character of owner, in opposition to right or claim of any other person, and not merely as an occasional trespasser. It must be decided and notorious as the nature of the land will permit, affording unequivocal indication to all persons that he is exercising thereon the dominion of owner. . . . The possession must of course be not only adverse, as we have defined it, but open, notorious and continuous, and the extent of it must be shown by known and visible boundaries.”

   1 later decision quote this exact passage
   e.g. Shelly v. . Grainger

2. ““The land in controversy appears to be swamp land, uninclosed, and with no habitation upon it. The evidence Indicates that the plaintiff and his lather for more than BO years exercised acts of dominion over the land, and made from it the only profits and use of which it is susceptible. From the evidence of the witnesses the jury may well infer that these acts were those of ownership and not those of an occasional trespasser, and that they were repeated and continuous for a considerable period of time. The possession was as decided and notorious as the nature of the land would permit.””

   1 later decision quote this exact passage
   e.g. Richmond Cedar Works v. Pinnix

3. ““While the evidence offered is not necessarily conclusive, if taken to he true, as to the fact of possession, we think it is sufficient to be submitted to the jury, under appropriate instructions, 'that they may draw such inference as they see proper, bearing in mind that the burden of proof is on the plaintiff to establish the fact of possession for the statutory period by a preponderance of the proof.””

   1 later decision quote this exact passage
   e.g. Richmond Cedar Works v. Pinnix