COTHRAN v. AKERS MOTOR LINES, INC.

No. 253.

127 S.E.2d 578 (1962)

257 N.C. 782

Frank H. COTHRAN, Jr. v. AKERS MOTOR LINES, INC.

Supreme Court of North Carolina.

October 17, 1962.


Attorney(s) appearing for the Case

Richard M. Welling, Charlotte, for plaintiff appellant.

L. B. Hollowell and Helms, Mulliss, McMillan & Johnston, by Fred B. Helms, Charlotte, for defendant appellee.


RODMAN, Justice.

"Ejectment being a possessory action, it lies only where the lessor of the plaintiff could rightfully enter, and the title to support a recovery must therefore be inseparably connected with the right of possession, and must have this ingredient at least. The title of the defendant is entirely out of view. It is an old maxim that a man must recover by the strength of his own title in ejectment, not in consequence of any weakness in that of his adversary...

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