Ashe

Superior Court of North Carolina

Ashe

3 N.C. 103

DecidedMay 15, 1799

StatusPublished

This text of 3 N.C. 103 (Ashe) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ashe, 3 N.C. 103 (N.C. Ct. App. 1799).

Pincite

Opinion

Haywood, Judge.

-The defendant has bad a seven years pos* session, but without any colour of title for a great part o f the time, and therefore his possession will avail him nothing : But then Walker executed this deed to the plaintiff, when the defendant was in possession, claiming the land adversely, and Walker had no means to recover the possession but by action ; and therefore could not legalty execute a deed so as to transfer his right of entry to the plaintiff.

Verdict and judgment for the defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

Haywood, Judge.

-The defendant has bad a seven years pos* session, but without any colour of title for a great part o f the time, and therefore his possession will avail him nothing : But then Walker executed this deed to the plaintiff, when the defendant was in possession, claiming the land adversely, and Walker had no means to recover the possession but by action ; and therefore could not legalty execute a deed so as to transfer his right of entry to the plaintiff.

Verdict and judgment for the defendant.

Cite This Page — Counsel Stack

Bluebook (online)

3 N.C. 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashe-ncsuperct-1799.