{
  "id": 2086693,
  "name": "DUNCAN McCORMICK vs. CHRISTOPHER MUNROE",
  "name_abbreviation": "McCormick v. Munroe",
  "decision_date": "1856-06",
  "docket_number": "",
  "first_page": "332",
  "last_page": "335",
  "citations": [
    {
      "type": "nominative",
      "cite": "3 Jones 332"
    },
    {
      "type": "official",
      "cite": "48 N.C. 332"
    }
  ],
  "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": "1 Hawks' Rep. 485",
      "category": "reporters:state",
      "reporter": "Hawks",
      "case_ids": [
        11276678
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/8/0485-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:c868ef0fd014d60d",
    "word_count": 728
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  "last_updated": "2023-07-14T17:04:13.305795+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "DUNCAN McCORMICK vs. CHRISTOPHER MUNROE."
    ],
    "opinions": [
      {
        "text": "Battle, J.\nIf the defendant were a mere wrong-doer, the entry of the plaintiff into the land covered by his grant, would have put him into possession of the whole of it, as against the defendant, notwithstanding the outstanding title of Blount\u2019s heirs ; Osborne v. Ballew, 12 Ire. Rep. 373 ; Myrick v. Bishop, 1 Hawks\u2019 Rep. 485. Whether the entry of the defendant claiming title under a junior grant -will make any difference, it is imnecessary to decide, since there is another well established rule which shows that the plaintiff was in possession, as against Blount\u2019s heirs. The rale is this: if two grants lap, and one of the claimants be seated on the lapped part, and the other not, the possession of the whole interference is in the former exclusively ; possession of a part of the land included in both deeds being possession of all of it. See Williams v. Miller, 7 Ire. Rep. 186, and the cases there referred to. In the present case the grant to Blount covered the whole of the land included within the plaintiff\u2019s grant, and there was, therefore, a lappage co-extensive with the whole of the land granted to the plaintiff. Blount\u2019s heirs were not in the actual possession of any part of the land included within their ancestor\u2019s grant, while the plaintiff was actually settled on a part of his. His possession of a part was, therefore, as against Blount\u2019s heirs, a possession of the whole ; and, we thinlc, it follows as a corollary, that he had possession of the whole of the land within the boundaries of his grant, as against every person entering into any part of it under a junior grant, as well as against a mere wrong-doer. The j udgment of the Court below, being in accordance with this principle, is correct and must be affirmed.\nPer Curiam.\nJudgment affirmed.",
        "type": "majority",
        "author": "Battle, J. Per Curiam."
      }
    ],
    "attorneys": [
      "Shremge, Shepherd, Kelly, and G. G. Wright, for plaintiff",
      "W. A. Wright, for defendant."
    ],
    "corrections": "",
    "head_matter": "DUNCAN McCORMICK vs. CHRISTOPHER MUNROE.\nIf two grants lap, and one of the claimants be seated on the lapped part, and the other not, the possession of the whole interference is in him who is thus seated.\nOne who has possession of the bcus in quo, by reason of the lappage of his grant with an older adversary grant, may maintain trespass against one who enters under a grant younger than his.\nAction of trespass, q. c. f., tried before Caxdwell, J., at the Special Term (Eeb. 1856,) of Cumberland Superior Court.\nThe plaintiff offered in evidence a grant from the State to himself, for 500 acres of land, issued on the 15th of December, 1815, described in the annexed plat by the letters A, B, C, D, E, F, G-, II, P, Q, E, S, and proved that the defendant had committed a trespass within these boundaries in the winter of 1853-1, by cutting and hauling therefrom a quantity of pine timber. It was proved that plaintiff took possession of the north part of this tract in 1850, and had continued the same to the commencement of this suit, but such possession had not actually extended south of the line D, Q.\nThe defendant offered in evidence a grant to John Gr. Blount, issued in December, 1792, represented in the above diagram by the figures 1, 2, 3,1, and proved that it covered the locus m quo, but showed no connection by title or otherwise between himself and the grantee\u00bb\nThe defendant next offered in evidence a State grant to himself, dated in the year 1848, for a part of the land embraced in the plaintiff\u2019s 500 acre grant, which part is indicated by the letters D, E, E, G, II, P, Q, and insisted that plaintiff had no such possession as would entitle him to sustain the action of trespass.\nThe plaintiff contended that the defendant was a mere wrong-doer, and that therefore he was, as to him, in. possession and could maintain the action.\nHe also insisted that he was in possession, as to Blount, and that put him in possession of every part of his land which was lapped on by Blount\u2019s grant, which included the locus in quo.\nTils Honor charged the jury that, according to the above state of facts, the plaintiff was entitled to recover. Defendant excepted.\nVerdict for the plaintiff. Judgment and appeal.\nShremge, Shepherd, Kelly, and G. G. Wright, for plaintiff\nW. A. Wright, for defendant."
  },
  "file_name": "0332-01",
  "first_page_order": 342,
  "last_page_order": 345
}