Legal Opinion

Hooker v. . Latham

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 5 opinions

Civil ACTION, of claim and delivery, for the recovery of a certain mortgage deed (and two notes secured thereby) executed by Henry Edmonds to I. A. Sugg, in July, 1877, and of a certain deed executed by I. A. Sugg to William Whitehead, in the year 1888, alleged to be unlawfully detained from the plaintiff, who was a purchaser of the land described in said deeds at execution sale against Edmonds, tried before Mclver, J., and a jury, at December Term, 1895, of Pitt Superior…

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Civil ACTION, of claim and delivery, for the recovery of a certain mortgage deed (and two notes secured thereby) executed by Henry Edmonds to I. A. Sugg, in July, 1877, and of a certain deed executed by I. A. Sugg to William Whitehead, in the year 1888, alleged to be unlawfully detained from the plaintiff, who was a purchaser of the land described in said deeds at execution sale against Edmonds, tried before Mclver, J., and a jury, at December Term, 1895, of Pitt Superior Court. The defendants each for himself filed a separate answer, denying the ownership of the plaintiff in the mortgage…

1Opinion of the Court

Avery, J.:

The action is brought to recover possession of a mortgage deed executed by one Edmonds to Isaac A. Sugg, together with two notes secured by it, and also an absolute deed from Sugg to William Whitehead conveying the same land. The provisional remedy of claim and delivery was also resorted to, as ancillary to the first cause of action, thereby giving to it the characteristics of the old common law action of replevin, which could be maintained only for the recovery of specific personal chattels wrongfully in the possession of another, as appears from the definition given in the books.…

2Cases cited2 opinions

  1. Puterbaugh v. WadhamCalifornia Supreme Court · 1912
  2. Flannigan v. GogginsWisconsin Supreme Court · 1888

3Cited by5 opinions

  1. Dobbs v. First National Bank of AtlantaCourt of Appeals of Georgia · 1941
  2. Campbell v. BrooksMississippi Supreme Court · 1908
  3. Pasterfield v. Sawyer.Supreme Court of North Carolina · 1903
  4. Bridgers v. . OrmondSupreme Court of North Carolina · 1908
  5. Christenson v. HannaAppellate Court of Illinois · 1913

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