Myrick v. . Bishop

Supreme Court of North Carolina

Myrick v. . Bishop

8 N.C. 485

CourtSupreme Court of North Carolina

DecidedJune 5, 1821

StatusPublished

Cited by7 cases

This text of 8 N.C. 485 (Myrick v. . Bishop) 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

Myrick v. . Bishop, 8 N.C. 485 (N.C. 1821).

Pincite

Opinions

^* This cause and the two immediately following it, were decided at June Term, 1821, but from accident were omitted in the report of cases of that term. The plaintiff, having a deed covering the land where the trespass was committed, and being in possession of part within the boundaries of the deed, was in actual possession of the whole. The deed ascertained the extent of the possession. Whoever is in possession may maintain an action of trespass against a wrongdoer to his possession, because it is a possessory remedy, founded merely on the possession, and it (486) is not necessary that the right should come in question. 3 Burr., 1563; 1 East, 246. The judgment must be

Affirmed.

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^* This cause and the two immediately following it, were decided at June Term, 1821, but from accident were omitted in the report of cases of that term. The plaintiff, having a deed covering the land where the trespass was committed, and being in possession of part within the boundaries of the deed, was in actual possession of the whole. The deed ascertained the extent of the possession. Whoever is in possession may maintain an action of trespass against a wrongdoer to his possession, because it is a possessory remedy, founded merely on the possession, and it (486) is not necessary that the right should come in question. 3 Burr., 1563; 1 East, 246. The judgment must be

Affirmed.

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Bluebook (online)

8 N.C. 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myrick-v-bishop-nc-1821.

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