Hargrave v. . King
Supreme Court of North Carolina
This was an appeal from an interlocutory order of the Court of Equity of Davidson County, overruling the pleas of the defendants, at Spring Term 1848, his Honor Judge Pearson, presiding.
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This was an appeal from an interlocutory order of the Court of Equity of Davidson County, overruling the pleas of the defendants, at Spring Term 1848, his Honor Judge Pearson, presiding. The bill alleges, that the plaintiffs and the defendants, Adderton and King, agreed to associate themselves together as a company or copartnership, for the purpose of procuring a lease, from the defendant, Sawyer, of certain land, owned by him ; and to search and operate for gold thereon : That in pursuance of this agreement, King procured a lease from Sawyer of seventy five acres of land for the term of…
1Opinion of the CourtPearson, J.
The appeal only brings up the interlocutory decree over-ruling the pleas. Our consideration, therefore, is confined to their sufficiency.
Many objections were taken in this Court for the Want of form. It may be, that the pleas are defective in form ; but as we concur with the opinion below, upon the substance, we express no opinion as to the formal objections,
The first plea was objected to, because the allegation, “that the defendant cannot by the terms of the lease, associate with himself any persons, or sell or transfer any part or interest in the lease without the consent of the lessor, on…
Also in this document: Per curiam.
2Cited by19 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Avery v. . StewartSupreme Court of North Carolina · 1904
- Brogden v. GibsonSupreme Court of North Carolina · 1914
- Jones v. . JonesSupreme Court of North Carolina · 1913
- Cobb v. . EdwardsSupreme Court of North Carolina · 1895
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