Credle v. . Ayers
Supreme Court of North Carolina
ActioN for the possession of a tract of 6,352 acres of land, known as the Donnell Farm, heard before Bowman, J., a.t Spring Term, 1899, of the Superior Court of Hyde County, upon the report of referee, and exceptions thereto filed by defendant. Statement of Facts. This was an action of ejectment brought by Wahab, Credle and Makely against Ayers for the possession of a tract of land in the county of Hyde, known as the Donnell Farm.
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ActioN for the possession of a tract of 6,352 acres of land, known as the Donnell Farm, heard before Bowman, J., a.t Spring Term, 1899, of the Superior Court of Hyde County, upon the report of referee, and exceptions thereto filed by defendant. Statement of Facts. This was an action of ejectment brought by Wahab, Credle and Makely against Ayers for the possession of a tract of land in the county of Hyde, known as the Donnell Farm. Wahab and Credle had bought the farm from tire Donnell heirs, and, after paying a part of the purchase money, had executed a deed of trust or mortgage to secure the…
1Opinion of the CourtClark, J.
The vendee having defaulted in payment of the first installment of the purchase money, due November, 1894, the vendors (and their mortgagee Makely, who had joined in the contract of sale), brought an action of ejectment in December, 1894, at the end of thirty days thereafter under the terms of the contract. The plaintiffs could have brought their action either (1) for possession of the land, (2) for sale and foreclosure, or, (3) in personam for judgment for the debt, or for all three. They elected to taire the, first and have sued for possession and damages for withholding. Allen v. Taylor,…
2Cases cited16 opinions
- Hoke v. . HendersonSupreme Court of North Carolina · 1833
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Warren v. . MakelySupreme Court of North Carolina · 1881
- Bruner v. . ThreadgillSupreme Court of North Carolina · 1883
- Crinkley v. EgertonSupreme Court of North Carolina · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Brannock v. FletcherSupreme Court of North Carolina · 1967
- Dumas v. . MorrisonSupreme Court of North Carolina · 1918
- Underwood v. OtwellSupreme Court of North Carolina · 1967
- Ownbey v. . Parkway Properties, Inc.Supreme Court of North Carolina · 1942
12 more not listed; retrieve them via the Exa API.