Jones v. Ballou.
Supreme Court of North Carolina
AgtioN by T. J. Jones and others against J. R. Ballou and others, heard by Judge W. B. Allen and a jury, at the April Term, 1905, of the Superior Court of Ashe County. From a judgment for the plaintiffs, the defendants appealed.
1Opinion of the CourtClare, C. J.
This is an action to establish a lost deed, the record of which is also alleged to have been destroyed'. The defendants moved to dismiss upon the ground that the action should have been brought before the clerk under section 56. of The Code. This motion was properly refused. That section is an enabling act giving an additional, but not an exclusive, remedy. Jurisdiction in the Superior Court was sustained in McCormick v. Jernigan, 110 N. C., 406, and was tacitly recognized in Tuttle v. Rainey, 98 N. C., 513; see also 19 A. & E. Enc. (2nd Ed.), 552, with authorities. In Cowles v. Hardin, 91 N.…
2Cases cited5 opinions
- Mobley v. . WattsSupreme Court of North Carolina · 1887
- McCormick v. . JerniganSupreme Court of North Carolina · 1892
- Tuttle v. . RaineySupreme Court of North Carolina · 1887
- Cowles v. . HardinSupreme Court of North Carolina · 1878
- Cowles v. . HardinSupreme Court of North Carolina · 1884
3Cited by6 opinions
- State v. . RegisterSupreme Court of North Carolina · 1903
- Alley v. Howell.Supreme Court of North Carolina · 1906
- North Carolina Mining Co. v. WestfeldtU.S. Circuit Court for the District of Western North Carolina · 1907
- Powers v. . MurraySupreme Court of North Carolina · 1923
- Powers v. MurraySupreme Court of North Carolina · 1923
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