{
  "id": 8682098,
  "name": "MASON PARKER vs. JOHN DUNN",
  "name_abbreviation": "Parker v. Dunn",
  "decision_date": "1855-06",
  "docket_number": "",
  "first_page": "203",
  "last_page": "204",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Jones 203"
    },
    {
      "type": "official",
      "cite": "47 N.C. 203"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "2 Dev. Rep. 388",
      "category": "reporters:state",
      "reporter": "Dev. Rep.",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 217,
    "char_count": 3126,
    "ocr_confidence": 0.431,
    "pagerank": {
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      "percentile": 0.33113513567779435
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    "sha256": "4ccf65d4fc8342ef15e4347732de48600b6ab1862fb979664882c3758e33cb5a",
    "simhash": "1:29c10d86480bf25c",
    "word_count": 539
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  "last_updated": "2023-07-14T15:13:38.493839+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "MASON PARKER vs. JOHN DUNN."
    ],
    "opinions": [
      {
        "text": "Nasu, O. J.\nThe opinion of the Court in Coble v. Wellborn, 2 Dev. Rep. 388, is decisive of the question raised in this case; A disturbance of the possession is a breach of a covenant for quiet enjoyment, if made by a person holding the superior title. Such a covenant does not guarantee the title\u2014 that a superior one is not in another, but that if it is, he will not disturb the covenantee\u2019s possession. The case referred to, expressly states that an eviction may be with or without legal process; no matter how made, if made under a superior title, it is sufficient. In the present case, the brothers, Thomas and John Dunn, claimed title under their father, who was the owner of the whole tract, of which the portions conveyed to the brothers were component parts. Thomas\u2019 conveyance was the elder ; that to John lapped over that of Thomas, covering about twenty acres. Each brother took possession of the portion conveyed to him, but neither was in the actual possession of the lappage. John conveyed to the plaintiff, with a covenant for quiet enjoyment. Subsequently, Thomas Dunn took actual possession of the part covered by both deeds. This was an eviction for which an ejectment might have been brought by the present plaintiff against Thomas Dunn. It was, therefore, a breach of the covenant of quiet enjoyment, it being an actual disturbance of the possession of the present plaintiff; and we have seen from the case of Goble that the eviction need not be under legal process. Why bring an action in which the plaintiff knows lie must be defeated? Why unnecessarily increase costs ? It is sufficient if, upon the trial of the action upon the covenant, he is able to show that the eviction was under a superior title. Hero Thomas Dunn had the superior title.\nPee Cueiam. Judgment affirmed.",
        "type": "majority",
        "author": "Nasu, O. J."
      }
    ],
    "attorneys": [
      "No counsel appeared for the plaintiff.",
      "Kelly, for the defendant."
    ],
    "corrections": "",
    "head_matter": "MASON PARKER vs. JOHN DUNN.\nA covenant for quiet enjoyment of land is broken, if the covenantee is entered upon and dispossessed by one having superior title, though this entry is not made under process.\nActioN of covenant, tried before his Honor Judge Pailey, at the Spring Term, 1855, of Montgomery Superior Court.\nBartholomew Dunn was seized of a tract of land containing 640 acres, of which he conveyed 300 to his son Thomas, by deed, dated ljtli December, 1841; and 300 to his son John, by deed, bearing date 23d of February, 1842.\nIt turns out that the deed to Thomas, includes 22 acres of the land described in John\u2019s deed.\nJohn sold to the plaintiff, by deed of bargain and sale, dated 24th February, 1842, according to the description in Iris father\u2019s deed to him; of course including the same 22 acres covered by Thomas\u2019 deed, with the usual covenant for quiet enjoyment.\nNeither party had been in possession of the lapped part until after the plaintiff entered ; then Thomas took possession of the lappage, and commenced cultivating it; upon which entry this action was brought.\nUpon this state of the facts, his Honor instructed the jury that the plaintiff was entitl\u00e9d to recover. Defendant excepted. Verdict for the plaintiff. Judgment and appeal.\nNo counsel appeared for the plaintiff.\nKelly, for the defendant."
  },
  "file_name": "0203-01",
  "first_page_order": 211,
  "last_page_order": 212
}