Doe on Demise of Atwell v. McLure
Supreme Court of North Carolina
AotioN of EJECTMENT,'tried before DiCK, Judge, at the Spring Term, 1857, of Mecklenburg Superior Court. The def’t. entered into the common rule and pleaded not guilty. The declaration in this case bore date, and was filled up by the plaintiff’s counsel on the 7th day of December, but was not placed in the hands of the sheriff until several days thereafter, and was not served on the defendant until the month of March following, he than being off of the land.
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AotioN of EJECTMENT,'tried before DiCK, Judge, at the Spring Term, 1857, of Mecklenburg Superior Court. The def’t. entered into the common rule and pleaded not guilty. The declaration in this case bore date, and was filled up by the plaintiff’s counsel on the 7th day of December, but was not placed in the hands of the sheriff until several days thereafter, and was not served on the defendant until the month of March following, he than being off of the land. On the said 7th of December, .the defendant, some time during the fore part, or about the middle of the same, moved out of the premises,…
1Opinion of the CourtPearson, J.
Ve concur with his Honor upon the first point. The commencement of an action of ejectment is the time when the declaration is served ; in other actions, it is the time when the writ is issued. This is settled, and the reason of the distinction explained in Thompson v. Red; 2 Jones’ Rep. 412.
A copy of the declaration was served on the defendant, with a note from his “ loving friend, Bichard Koe,” saying: “ I am informed you are in possession of, or claim, title to, the premises, &c.” He entered his appearance to the action, and by leave of the Court, had himself made defendant, entered his…
2Cited by4 opinions
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