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North Carolina, Supreme Court, Raleigh : Den on demise of Crump v Thompson, December 1851 [printed].

Published:
Raleigh, North Carolina : North Carolina Supreme Court, 1851.
Physical Description:
1 online resource
Additional Creators:
Adam Matthew Digital (Firm) and North Carolina. Division of Archives and History
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It was held that an attempt to procession land under the Revised Statutes, chapter 91, was not embraced under the last proviso of the first section of the Act of Limitations, Revised Statutes, chapter 65, so as to prevent actions of ejectment from being barred, if brought within one year after a failure to recover in a preceding action. The plaintiff gave evidence about a grant from the state in November 1792 to Thomas Monroe concerning the premises described in the declaration and proved that he died before the year 1845. The lessor of the plaintiff was his only child. The defendant was in possession of part of the land covered by the grant. The defendant then gave evidence about a grant to Dolan and Holeman in 1752, a subsequent deed from them to Edward Williams, and his deed in 1791 to Richard Pearson, which covered part of the premises that were in the defendant's possession. The same land was deeded by Pearson to Nathaniel Peebles in 1817 and the defendant came in by way of mesne conveyances under Peebles in 1844. Peebles in 1835 had built a cabin and a still-house on the land claimed by the defendant. Peebles put two of his slaves in the cabin and used the distillery until the spring of 1838, when he removed the two slaves. The beer tubs and stills remained in the still-house. In June 1838 the defendant leased the land to Towe for a number of years. In August 1838 Towe repaired the dwelling house and prepared land around the house for a crop of turnips. He then moved in with his family. The plaintiff then raised a record of the county court which showed that the lessor of the plaintiff processioned the boundaries of her land in July 1845, but had been prevented from completing this process by Joseph F Thompson. The boundary lines were disputed by the two parties, but at that time the proceeding was dismissed. The plaintiff tried to pursue a claim again this action, but a verdict for the defendant was affirmed by the Supreme Court.
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Reproduction Note:
Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the North Carolina State Archives.
Location of Originals:
North Carolina State Archives
Copyright Note:
Material sourced from the North Carolina State Archives
View MARC record | catkey: 41989956