Legal Opinion · Dissent

Cherokee County v. McClelland

Supreme Court of North Carolina

Decided December 20, 1919PublishedCited by 6 opinions

Civil actioN, tried before Webb, J., at June Term, 1919, of Cheeo-kee, a jury trial having been formally waived by the parties.

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Civil actioN, tried before Webb, J., at June Term, 1919, of Cheeo-kee, a jury trial having been formally waived by the parties. The action is by Cherokee County, and as holder of certificate of purchase at a tax sale of certain lands of defendant, to collect the taxes due thereon by foreclosure and sale, pursuant to the statute, the precise question presented being the right of plaintiff to collect the 20 per cent allowed by the statute in such suits, and the facts chiefly pertinent are set forth in his Honor’s judgment as follows: “This cause coming on to be heard, the parties waived a jury…

1DissentBrown, J.

The action is by Cherokee County, and as holder of certificate of purchase at a tax sale of certain lands of defendant, to collect the taxes due thereon by foreclosure and sale, pursuant to the statute, the precise question presented being the right of plaintiff to collect the 20 per cent allowed by the statute in such suits, and the facts chiefly pertinent are set forth in his Honor's judgment as follows:

"This cause coming on to be heard, the parties waived a jury trial, and consented that the judge find the facts.
"From the evidence introduced, which was uncontradicted, and from the…

2Cases cited6 opinions

  1. State v. Georgia Co.Supreme Court of North Carolina · 1893
  2. Rexford v. . PhillipsSupreme Court of North Carolina · 1912
  3. Matthews v. Fry.Supreme Court of North Carolina · 1906
  4. Stone v. . PhillipsSupreme Court of North Carolina · 1918
  5. Berry v. . DavisSupreme Court of North Carolina · 1912

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3Cited by6 opinions

  1. State v. ThomasSupreme Court of North Carolina · 1922
  2. State v. . ThomasSupreme Court of North Carolina · 1922
  3. Wilkinson v. . BoomerSupreme Court of North Carolina · 1940
  4. Craven County v. . ParkerSupreme Court of North Carolina · 1927
  5. Town of Apex v. TempletonSupreme Court of North Carolina · 1943

1 more not listed; retrieve them via the Exa API.

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