Murray, Ferris & Co. v. Blackledge
Supreme Court of North Carolina
Civil action, for the recovery of the possession of land, tried before his Honor, Judge Olarke, at the Spring Term, 1874, of CRAVEN Superior Court. On the trial below, the Court submitted certain issues without instructions to the jury, which, with the finding of the jury thereon, and all other facts relating to the points discussed and decided in this Court, are fully set out in the following opinion of Justice RodmaN. The jury found the issues for the plaintiffs.
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Civil action, for the recovery of the possession of land, tried before his Honor, Judge Olarke, at the Spring Term, 1874, of CRAVEN Superior Court. On the trial below, the Court submitted certain issues without instructions to the jury, which, with the finding of the jury thereon, and all other facts relating to the points discussed and decided in this Court, are fully set out in the following opinion of Justice RodmaN. The jury found the issues for the plaintiffs. Judgment in accordance therewith, and appeal by the defendants.
1Opinion of the CourtRodMAn, J.
This is an action to recover the possession of land, begun by H. R. Bryan as plaintiff, by summons dated 29th August, 1872, against R. B. Blacldedge. Afterwards (it does not appear when) the summons was amended so as to make the individuals composing the firm of Murray, Eerris & Co., plaintiffs, in the place of Bryan. The complaint is filed by those individuals.
1. The first point of defence was; that at the date of the summons, the legal estate in the land was in Bryan and not in Murray, Ferris & Co., whose tittle, if any, accrued afterwards.
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