Locklear v. Savage

• Decision Date: 27 March 1912
• Parties: LOCKLEAR. v. SAVAGE et al.
• Court: North Carolina Supreme Court

74 S.E. 347
(159 N.C. 236)

LOCKLEAR.
v.
SAVAGE et al.

Supreme Court of North Carolina.

March 27, 1912.

1. Adverse Possession (§ 13*)—Requisites.

"Adverse possession" consists in actual possession with intent to hold to the exclusion of others and is denoted by making the ordinary use of which the property is susceptible and taking the usual profits.

[Ed. Note.—For other cases, see Adverse Possession, Cent. Dig. §§ 65-76; Dec. Dig. § 13.*

For other definitions, see Words and Phrases, vol. 1, pp. 227-235; vol. 8, p. 7508.]

2. Adverse Possession (§ 28*)—Notoriety.

Adverse possession must be as notorious as the nature of the property permits unequivocally indicating to all persons that claimant is exercising dominion over the land.

[Ed. Note.—For other cases, see Adverse Possession, Cent. Dig. § 123; Dec. Dig. § 28.*]

3. Adverse Possession (§ 13*)—Essentials.

Adverse possession must be open, notorious, and continuous, and its extent must be shown by known and visible boundaries.

[Ed. Note.—For other cases, see Adverse Possession, Cent. Dig. §§ 65-76; Dec. Dig. § 13.*]

4. Appeal and Error (§ 927*) — Review — Nonsuit.

In reviewing a judgment of nonsuit, all of the admitted evidence should be considered in the light most favorable to plaintiff.

[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 2912, 2917, 3748, 4024; Dec. Dig. § 927.*]

5. Adverse Possession (f 115*)—Sufficiency of Evidence.

Evidence, in an action to recover damages for trespass in cutting timber, held to make it a jury question whether plaintiff's intestate had acquired the land by adverse possession.

[Ed. Note.—For other cases, see Adverse Possession, Cent. Dig. §§ 691-701; Dec. Dig. § 115.*]

0. Adverse Possession (§ 112*)—Burden of Proving.

The burden is upon one suing for damages for timber cut to prove her ownership of the land by adverse possession.

[Ed. Note.—For other cases, see Adverse Possession, Cent. Dig. §§ 651-668; Dec. Dig. § 112.*]

7. Appeal and Error (§ 274") —Assignments of Error—Sufficiency.

An exception merely to a judgment of nonsuit sufficiently assigns the error in granting a nonsuit.

[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 1631-1645; Dec. Dig. { 274;* Trial, Cent. Dig. §§ 258, 375, 400, 691-693.]

8. Appeal and Error (§ 515*)—Record.

The evidence should not be incorporated in the record on appeal in the form of question and answer, or by a transcript of the

[74 S.E. 348]

stenographer's notes, but should be in narrative form.

[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 2322-2325; Dec. Dig. § 515.*]

Brown, J., dissenting.

Appeal from Superior Court, Robeson County; Whedbee, Judge.

Action by Katie Ann Locklear, administratrix, against W. A. Savage and others. From a judgment for defendants, plaintiff appeals. Reversed, and new trial granted.

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