Phifer v. . Barnhart
Supreme Court of North Carolina
MOTION for injunction, in au action pending in Cabarrus Superior Court, heard at Chambers on the 10th of October, 1882, before Graves, J. The motion was heard upon ex parte affidavits, and an injunction granted until the trial, and the defendants appealed.
1Opinion of the CourtRuffin, J.
In causes of this nature it is the duty of this court to consider, not only the law governing the case, but the evidence, and to ascertain the facts. Looking to the weight of the testimony, we conceive the following facts to be established:
In 1857, Daniel Barnhart being seized of a tract of land situate in Cabarrus county and known as the “Old Barringer Place,” and which was traversed by what were supposed to be two valuable gold veins, executed a deed, whereby he conveyed the said two gold veins, together with one hundred feet of land on each side thereof, and the privilege of ingress and…
2Cases cited3 opinions
- Hodges v. . SpicerSupreme Court of North Carolina · 1878
- Wilson v. . SparksSupreme Court of North Carolina · 1875
- Beaman v. . SimmonsSupreme Court of North Carolina · 1877
3Cited by19 opinions
- Gudger v. White.Supreme Court of North Carolina · 1906
- Janney v. Blackwell.Supreme Court of North Carolina · 1905
- Southerland v. . HunterSupreme Court of North Carolina · 1885
- Brown v. HutchinsonSupreme Court of North Carolina · 1911
- Respass v. . JonesSupreme Court of North Carolina · 1889
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