Cobham v. . Ashe

Superior Court of North Carolina

Cobham v. . Ashe

1 N.C. 166

DecidedMay 5, 1799

StatusPublished

This text of 1 N.C. 166 (Cobham v. . 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

Cobham v. . Ashe, 1 N.C. 166 (N.C. Ct. App. 1799).

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Opinion

The defendant's possession, though continued for seven years, yet being unaccompanied with any color of title during a great part of that time, will avail him nothing. But the title of the plaintiff is itself defective, because the conveyance from Walker was at a time when the defendant was in possession under an adverse claim; even Walker, who had the legal title before this time, could only have acquired the possession by a suit in ejectment; but this right of entry he ought to have enforced himself, and could not legally transfer it to the plaintiff.

Verdict for the defendant.

NOTE. — Upon the first point, see the note to Strudwick v. Shaw,ante, 35; same case, 2 N.C. 5. On the second point, see Slade v. Smith,2 N.C. 248, and the cases referred to in the note.

(167)

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The defendant's possession, though continued for seven years, yet being unaccompanied with any color of title during a great part of that time, will avail him nothing. But the title of the plaintiff is itself defective, because the conveyance from Walker was at a time when the defendant was in possession under an adverse claim; even Walker, who had the legal title before this time, could only have acquired the possession by a suit in ejectment; but this right of entry he ought to have enforced himself, and could not legally transfer it to the plaintiff.

Verdict for the defendant.

NOTE. — Upon the first point, see the note to Strudwick v. Shaw,ante, 35; same case, 2 N.C. 5. On the second point, see Slade v. Smith,2 N.C. 248, and the cases referred to in the note.

(167)

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Bluebook (online)

1 N.C. 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cobham-v-ashe-ncsuperct-1799.