Supreme Court of North Carolina, 1857

Bartlett v. . Simmons

Bartlett v. . Simmons
Supreme Court of North Carolina · Decided June 5, 1857 · Pearson
49 N.C. 295

Bartlett v. . Simmons

Opinion of the Court

Pearson, J.

The acts of the plaintiff, and those under Whom he claims, in getting rails off of the land from year to year, were separate and unconnected trespasses, and do not amount to the exercise of such ownership as will ripen a title, or give the right to maintain an action of trespass, q. c. f. The doctrine on this subject is discussed, and all the cases collated in Loftin v. Cobb, 1 Jones’ Rep. 406. There is no error.

Pee Cuexam. Judgment affirmed.

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