Keener v. . Goodson
Supreme Court of North Carolina
EjectmeNT tried at Spring Term, 1883, of Lincoln Superior Court, before Shipp, J. The plaintiff put in evidence, under objection, the record of an action in the superior court of Lincoln county in which S. W. Keener, Daniel Goodson, and S. Y. Goodson, administrator, were plaintiffs against Alexander Goodson, which showed that at the appearance term of said action the following order was made: “As a compromise, this case is referred to Marcus Wike and James Mullin, with leave…
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EjectmeNT tried at Spring Term, 1883, of Lincoln Superior Court, before Shipp, J. The plaintiff put in evidence, under objection, the record of an action in the superior court of Lincoln county in which S. W. Keener, Daniel Goodson, and S. Y. Goodson, administrator, were plaintiffs against Alexander Goodson, which showed that at the appearance term of said action the following order was made: “As a compromise, this case is referred to Marcus Wike and James Mullin, with leave to choose an umpire before beginning, if they see proper, and their award or a majority of them to be a rule of this…
1Opinion of the CourtAshe, J.
The first contention of the defendant was, that the record of the judgment produced in evidence did not show a valid judgment, and that the sale thereunder was void, and the plaintiff acquired no title to the land by the sheriff’s deed. The counsel insisted that the judgment upon the award was interlocutory, and that the award itself was defective, because the arbitrators did not find the facts. The counsel argued these points as if the order of reference was under The Code of Civil Procedure; if it had been so, there would have been a good deal of force in his 'position; but he seems to have…
2Cases cited9 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Littlejohn v. . EgertonSupreme Court of North Carolina · 1877
- Gheen v. . SummeySupreme Court of North Carolina · 1879
- Lusk v. . ClaytonSupreme Court of North Carolina · 1874
- Pickens v. . MillerSupreme Court of North Carolina · 1880
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3Cited by40 opinions
- Henry v. . HilliardSupreme Court of North Carolina · 1897
- Prevatt v. Harrelson.Supreme Court of North Carolina · 1903
- Harris v. . BennettSupreme Court of North Carolina · 1912
- Avent v. ArringtonSupreme Court of North Carolina · 1890
- Markham v. W. H. Hicks & Co.Supreme Court of North Carolina · 1884
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