Lemly v. Ellis
Supreme Court of North Carolina
ActioN by W. A. Lemly against W. B. Ellis, beard by Judge B. B. Peebles and a jury, at the March Term, 1906, of the Superior Court of Eobstth.
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ActioN by W. A. Lemly against W. B. Ellis, beard by Judge B. B. Peebles and a jury, at the March Term, 1906, of the Superior Court of Eobstth. The plaintiff brought this action to recover damages for the breach of covenants of seizin and warranty and a covenant against incumbrances contained in a deed executed by the defendant to him, and to have the amount of said damages, which were laid at $13,700, declared to be a lien upon sixteen bonds each of the par value of $1,000, which were a part of the purchase-price agreed to be paid for the land conveyed by the said deed and for other property…
1Opinion of the Court
Walker, J.,
after stating the case: The first question raised by the defendant is that the affidavit upon which the order of publication is based is defective, as no cause of action is sufficiently set out therein, and the defendant’s counsel, in support of this position, relies on Bacon v. Johnson, 110 N. C., 114, and Mullen v. Canal Co., 114 N. C., 8; Code, sec. 218 (Revisal, sec. 442). The specific grounds of objection are: 1. That there is not a sufficient reference to the deed in which the covenant is to be found. 2. That there is no definite description of the land, having special regard…
2Cases cited11 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- May v. Getty.Supreme Court of North Carolina · 1905
- Winfree v. . BagleySupreme Court of North Carolina · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Currie v. Golconda Mining & Milling Co.Supreme Court of North Carolina · 1911
- Lemly v. . EllisSupreme Court of North Carolina · 1907
- Deaver v. . DeaverSupreme Court of North Carolina · 1904
- Hambley v. . WhiteSupreme Court of North Carolina · 1926
- Shankle v. . IngramSupreme Court of North Carolina · 1903
1 more not listed; retrieve them via the Exa API.