Cecil v. . Smith
Supreme Court of North Carolina
, MotioN to be made a party defendant, heard at Spring-Term, 1879, of Davidson Superior Court, before- 8chen.dc, J. In this action the plaintiff as purchaser at sheriff's sale sues to recover possession of the lands, mentioned in the pleadings, of. the defendant who was the debtor in the execution under which the sale was made, and was then and is now in possession.
Read the full summary
, MotioN to be made a party defendant, heard at Spring-Term, 1879, of Davidson Superior Court, before- 8chen.dc, J. In this action the plaintiff as purchaser at sheriff's sale sues to recover possession of the lands, mentioned in the pleadings, of. the defendant who was the debtor in the execution under which the sale was made, and was then and is now in possession. At the return term of the summons, Mary E. Smith, wife of the defendant, filed her affidavit alleging that she was the owner of the land sued for, and was in possession with her husband at'the time of the sale, and ever since, and…
1Opinion of the CourtDillard, J.
The plaintiff being a purchaser of the wife’s land, as we must take to be the fact in reviewing the order of the judge allowing the wife to become a party to the action, on his appeal contends that he has the right to recover against the husband whatever interest or possession he had, and that it is incompetent to him or to his wife, admitted as a party, to defeat his recovery by proof of title and possession in the wife, and therefore it was error in the judge to admit the wife as a party.
In order to determine the question of error or rightfulness in the ruling complained of, it will be…
2Cases cited3 opinions
- Manning v. . ManningSupreme Court of North Carolina · 1878
- Threadgill v. . McLendonSupreme Court of North Carolina · 1877
- Wade v. SandersSupreme Court of North Carolina · 1874
3Cited by13 opinions
- Walker v. . LongSupreme Court of North Carolina · 1891
- Carney v. GleissnerWisconsin Supreme Court · 1885
- Young v. . GreenleeSupreme Court of North Carolina · 1880
- Jones v. . CoffeySupreme Court of North Carolina · 1891
- Taylor v. . TaylorSupreme Court of North Carolina · 1893
8 more not listed; retrieve them via the Exa API.