Legal Opinion

Wilcox v. . Leach

Supreme Court of North Carolina

Decided November 1, 1898PublishedCited by 16 opinions

Civil action to recover land, tried before Norwood, J., at May Term, 1898, of the Superior Court of Halifax County. The plaintiff read in evidence a deed, of which the following is a copy: State of North Carolina, . { Halifax County. ) Whereas, at a sale of real estate for the non-payment of taxes, made in the county aforesaid, on the 4th day of May, A. D. 1896, the following described real estate was sold, to-wit, (describing it). And whereas, the same not having been…

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Civil action to recover land, tried before Norwood, J., at May Term, 1898, of the Superior Court of Halifax County. The plaintiff read in evidence a deed, of which the following is a copy: State of North Carolina, . { Halifax County. ) Whereas, at a sale of real estate for the non-payment of taxes, made in the county aforesaid, on the 4th day of May, A. D. 1896, the following described real estate was sold, to-wit, (describing it). And whereas, the same not having been redeemed from such sale, and it appearing that the holder of the certificate of purchase of said real estate has complied…

1Opinion of the Court

Montgomery, 'J :

This case differs in one material respect from the other cases which have been before this Court involving the title to land sold for taxes since the Act of 1887 and those subsequent on that subject. In his complaint the plaintiff simply makes the general allegation that he is the owner of the land and entitled to its possession, without setting out specifically the sources of his title. The defendant in his answer sets up various defences, legal and equitable, most, if not all, of which have been already frequently passed upon by this Court adversely to the defendant, from…

2Cited by16 opinions

  1. Price v. SlagleSupreme Court of North Carolina · 1925
  2. Price v. . SlagleSupreme Court of North Carolina · 1925
  3. McNair v. . BoydSupreme Court of North Carolina · 1913
  4. Smith v. . SmithSupreme Court of North Carolina · 1908
  5. Headman v. Board of CommissionersSupreme Court of North Carolina · 1919

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