Ward v. . Phillips
Supreme Court of North Carolina
EjectmENT tried at Spring Term, 1883, of Chatham Superior Court, before Gilmer, J. The plaintiff alleged that she was the owner of a life estate in the land, as described in her complaint, and that the defendant was in possession thereof, wrongfully withholding the same. The defendant denied the title of the plaintiff and her right to the possession, and admitted that he was in possession, but not wrongfully.
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EjectmENT tried at Spring Term, 1883, of Chatham Superior Court, before Gilmer, J. The plaintiff alleged that she was the owner of a life estate in the land, as described in her complaint, and that the defendant was in possession thereof, wrongfully withholding the same. The defendant denied the title of the plaintiff and her right to the possession, and admitted that he was in possession, but not wrongfully. Defendant, for a further defence, alleged that the land in question was-sold by the sheriff of Chatham for the taxes of the plaintiff due for the years of 1872 — ’73; and that he became…
1Opinion of the CourtAsiie, J.
The plaintiff’s counsel insisted that the finding of the jury upon the first issue was not decisive of the case, and, after verdict, moved for a judgment non obstante veredicto, which was refused by the court, and judgment rendered in behalf of the defendant.
In this, we are of opinion there was error. The motion should have been allowed. A judgment non obstante veredicto is granted in those cases where a plea or defence confesses a cause of action and the matter relied upon in avoidance is insufficient. Moye v. Petway, 76 N. C., 327. It is true the defendant denies in his answer that the…
2Cases cited1 opinion
- Moye v. . PetwaySupreme Court of North Carolina · 1877
3Cited by8 opinions
- Harrison v. . RaySupreme Court of North Carolina · 1891
- Walker v. . ScottSupreme Court of North Carolina · 1890
- Bank v. Moore.Supreme Court of North Carolina · 1905
- Hauser v. . HardingSupreme Court of North Carolina · 1900
- Todd v. . MacKieSupreme Court of North Carolina · 1912
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