Kerner v. Boston Cottage Co.
Supreme Court of North Carolina
This original action was instituted in November, 1894, in the Superior Court of Forsyth County. By an order in the cause W. H. Hendren was appointed receiver of the Boston Cottage Company and sold real estate claimed by the company, at public auction, to A. H. Eller, a director, who declined to pay for the same alleging that one William Palmer was claiming the same under a tax title.
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This original action was instituted in November, 1894, in the Superior Court of Forsyth County. By an order in the cause W. H. Hendren was appointed receiver of the Boston Cottage Company and sold real estate claimed by the company, at public auction, to A. H. Eller, a director, who declined to pay for the same alleging that one William Palmer was claiming the same under a tax title. Hendren, receiver, alleged that the tax had really been paid, when the land was sold for taxes in May, L895, and that Palmer therefore had acquired no title, but that his claim threw a cloud upon the title of the…
1Opinion of the Court
Furohes, J.:
This action as originally commenced was to remove a cloud from the title of plaintiff, under the Statute of 1893. But by the answer of defendant and reply thereto by plaintiff, it seems to have been turned into an action of ejectment. It is not necessary however to further notice this apparent change, as it does not affect the rights of the parties so far as this appeal is concerned, and is not the point in the case.
The plaintiff claims that the title is in the Boston Cottage Company and defendant claims that he is the owner under a sale for taxes, due by the Boston Cottage…
2Cited by4 opinions
- Hunt v. . CooperSupreme Court of North Carolina · 1927
- United States Fidelity & Guaranty Co. v. McGouganSupreme Court of North Carolina · 1933
- Kerner v. Boston Cottage Co.Supreme Court of North Carolina · 1900
- Town of Taylorsville v. MooseSupreme Court of North Carolina · 1937