Hanks v. . Tucker

Supreme Court of North Carolina

Hanks v. . Tucker

3 N.C. 147

DecidedJuly 5, 1801

StatusPublished

This text of 3 N.C. 147 (Hanks v. . Tucker) is published on Counsel Stack Legal Research, covering Supreme 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

Hanks v. . Tucker, 3 N.C. 147 (N.C. 1801).

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Opinion

Under the act of 1715, or of 1791, possession of itself will give no title to the possessor; but an uniform possession for forty years under circumstances which convince the jury that a grant once existed is a ground for them to go upon in saying there was a grant. If the jury in the present instance are satisfied from the evidence laid before them that a grant did exist, they will find for the defendant.

Verdict for the defendant.

NOTE. — See Dudley v. Strange, ante, 12, and the note thereto.

Cited: Reed v. Earnhart, 32 N.C. 528. *Page 148

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Under the act of 1715, or of 1791, possession of itself will give no title to the possessor; but an uniform possession for forty years under circumstances which convince the jury that a grant once existed is a ground for them to go upon in saying there was a grant. If the jury in the present instance are satisfied from the evidence laid before them that a grant did exist, they will find for the defendant.

Verdict for the defendant.

NOTE. — See Dudley v. Strange, ante, 12, and the note thereto.

Cited: Reed v. Earnhart, 32 N.C. 528. *Page 148

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Bluebook (online)

3 N.C. 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanks-v-tucker-nc-1801.