Anderson v. . Logan
Supreme Court of North Carolina
This was an Action for the Recovery of Land, tried at the Spring Term, 1889, of the Superior Court of Rutherford County, before Clark, J. The plaintiffs offered a deed to Mildred Bowen from the executors of James Bowen, dated December, 1825, which, it was admitted, covered the land in controversy, and also the record of the will of James Bowen, proven in October, 1825. The plaintiffs also proved that Joseph Bowen, the husband of said Mildred, was in possession before her…
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This was an Action for the Recovery of Land, tried at the Spring Term, 1889, of the Superior Court of Rutherford County, before Clark, J. The plaintiffs offered a deed to Mildred Bowen from the executors of James Bowen, dated December, 1825, which, it was admitted, covered the land in controversy, and also the record of the will of James Bowen, proven in October, 1825. The plaintiffs also proved that Joseph Bowen, the husband of said Mildred, was in possession before her death, and that said Mildred Bowen, and those claiming under her, had continuous possession of said lot or land in dispute…
1Opinion of the CourtAvery, J.
after stating the facts: The facts relied upon as constituting the basis of a defence or counter-claim, must be set out in an answer with the same precision as is requisite in a complaint. Rountree v. Brinson, 98 N. C., 107. Therefore, an equitable defence must be set forth in an answer, as well as proven on the trial, just as the grounds of equitable relief demanded must be distinctly alleged in a complaint, and the 'probata made to correspond. In Vickers v. Leigh, 104 N. C., 248, the plaintiffs brought their action (in the nature of a bill in equity) to correct a mistake in omitting the…
2Cases cited13 opinions
- Vickers v. . LeighSupreme Court of North Carolina · 1889
- Hicks v. . BullockSupreme Court of North Carolina · 1887
- Staton v. . MullisSupreme Court of North Carolina · 1885
- Rountree v. . BrinsonSupreme Court of North Carolina · 1887
- Bunn v. . WellsSupreme Court of North Carolina · 1886
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3Cited by12 opinions
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Cullens v. . CullensSupreme Court of North Carolina · 1913
- Shaffer v. . HahnSupreme Court of North Carolina · 1892
- Carolina Real Estate Co. v. BlandSupreme Court of North Carolina · 1910
- Matthews v. Shamrock Van Lines, Inc.Supreme Court of North Carolina · 1965
7 more not listed; retrieve them via the Exa API.