Grimes v. . Andrews
Supreme Court of North Carolina
■ Appeal by plaintiffs and defendants from Connor, J., at March Term, 1915, of Pitt. Civil action to recover the possession of the land described in the complaint. Defendant denied plaintiff’s title and right to the possession, and specially pleaded certain equities to defeat their recovery.
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■ Appeal by plaintiffs and defendants from Connor, J., at March Term, 1915, of Pitt. Civil action to recover the possession of the land described in the complaint. Defendant denied plaintiff’s title and right to the possession, and specially pleaded certain equities to defeat their recovery. The facts out of which the controversy arose are, briefly stated, these: The land was purchased by Alfred Andrews from W. A. James, and afterwards he mortgaged the same, first, to E. J. H. P. Bryant; second, to D. S. Powell, and, third, to R. J. Grimes. When the debts and mortgages matured F. J. H. P.…
1Opinion
The court was right in refusing to enter judgment of nonsuit against the plaintiff. The defendants were not entitled to judgment upon the verdict, so far as it related to the parol trust, as the instruction of the court upon the seventh issue was erroneous, as we have held in the plaintiff's appeal; and a new trial was the necessary result. The motion for a nonsuit was made by defendants, we presume, in order to preserve their rights, if we had decided that there was no error as to that issue. Nor were defendants entitled to judgment upon the verdict, so far as it related to the ninth and…
2Cases cited19 opinions
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Parker v. . BanksSupreme Court of North Carolina · 1878
- Hampton v. . Spinning CompanySupreme Court of North Carolina · 1930
- Edwards v. . ThompsonSupreme Court of North Carolina · 1874
- Taylor v. . HeggieSupreme Court of North Carolina · 1880
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