Legal Opinion

Johnston v. . Pate

Supreme Court of North Carolina

Decided June 5, 1880PublishedCited by 12 opinions

Civil Action to recover Land, tried at Fall Term, 1879, of Craven Superior Court, before Avery, J. The case was heard upon issues of law raised by demurrer to the complaint. Demurrer overruled, judgment for plaintiff,.appeal by defendant.

1Opinion of the CourtAshe, J.

The complaint is in the usual form, alleging that the plaintiff was the owner in fee simple of the land which is specifically described by metes and bounds, and that the defendant wrongfully withholds the possession of the land from the plaintiff; and a demand for judgment for the possession of the premises and for damages for withholding the same and for costs.

The causes of demurrer assigned are that the complaint is vague, uncertain and insufficient, in that,

1. It merely alleges generally that the plaintiff is owner of two certain described tracts of land and that the defendant wrongfully…

2Cases cited2 opinions

  1. Erwin v. . LowerySupreme Court of North Carolina · 1870
  2. George W. Swepson v. . John C. HarveySupreme Court of North Carolina · 1872

3Cited by12 opinions

  1. Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
  2. Beltran v. RollArizona Supreme Court · 1932
  3. Elliott v. GossSupreme Court of North Carolina · 1959
  4. Williams v. North Carolina State Board of EducationSupreme Court of North Carolina · 1966
  5. Conkey v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1900

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