Davis v. . Higgins
Supreme Court of North Carolina
Ejectment tried at Spring Term, 1882, of Rutherford Superior Court, before Qudger, J. The complaint asserts and the answer denies that the plaintiff is owner in fee, and entitled to the possession óf the land described and-withheld by the defendant; and thereupon an issue was submitted to the jury, with an inquiry of damages dependent upon the finding, in these words: Is plaintiff the owner and entitled to the possession of the laud mentioned in the complaint? In the…
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Ejectment tried at Spring Term, 1882, of Rutherford Superior Court, before Qudger, J. The complaint asserts and the answer denies that the plaintiff is owner in fee, and entitled to the possession óf the land described and-withheld by the defendant; and thereupon an issue was submitted to the jury, with an inquiry of damages dependent upon the finding, in these words: Is plaintiff the owner and entitled to the possession of the laud mentioned in the complaint? In the argument on the trial, the plaintiff’s counsel disclaimed any right to recover a part of the land, containing twenty acres.…
1Opinion of the CourtSmith, C. J.
We concur in the action of the court in awarding a new trial, and the sufficiency of the reasons for so doing. Although some doubt was expressed upon the point by Rodman, J., in Johnson v. Nevill, 65 N. C., 677, an early decision made after the introduction of the new system of pleading under the Code, it has been since settled that a matter put in issue and material to the result is conclusively determined by the verdict and judgment, where land is sought to be recovered, as it would be if the recovery of personal property was the object. Here, both the pleadings and the issue involve the…
2Cases cited6 opinions
- Tuttle v. . HarrillSupreme Court of North Carolina · 1881
- William Falls v. . Robert F. GambleSupreme Court of North Carolina · 1872
- Yates v. . YatesSupreme Court of North Carolina · 1879
- Gay v. . StancellSupreme Court of North Carolina · 1877
- Isler v. . HarrisonSupreme Court of North Carolina · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Springs v. SchenckSupreme Court of North Carolina · 1888
- Johnson v. . PateSupreme Court of North Carolina · 1884
- Springs v. . SchenckSupreme Court of North Carolina · 1888
- Turnage v. . JoynerSupreme Court of North Carolina · 1907
- Bickett v. . NashSupreme Court of North Carolina · 1888
1 more not listed; retrieve them via the Exa API.