Troy & North Carolina Gold Mining Co. v. Snow Lumber Co.
Supreme Court of North Carolina
Appeal by defendants from Shaw, J., at April Term, 1915, of MoNt-gomery. Civil action beard on demurrer. Plaintiff alleges in tbe complaint tbat on 1 August, 1866, James Crump, by deed duly executed and registered, conveyed to it, but by tbe name of tbe Troy (N. Y.) and North Carolina Gold Mining Company, four tracts of land in Montgomery County, this State, wbicb are fully described in tbe deed wbicb was made to Charles Eddie and eight others, trustees of tbe Troy (N. Y.)…
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Appeal by defendants from Shaw, J., at April Term, 1915, of MoNt-gomery. Civil action beard on demurrer. Plaintiff alleges in tbe complaint tbat on 1 August, 1866, James Crump, by deed duly executed and registered, conveyed to it, but by tbe name of tbe Troy (N. Y.) and North Carolina Gold Mining Company, four tracts of land in Montgomery County, this State, wbicb are fully described in tbe deed wbicb was made to Charles Eddie and eight others, trustees of tbe Troy (N. Y.) and North Carolina Gold Mining Company, as appears by tbe premises of the deed, and in tbe habenduon as follows: “To -…
1Opinion of the Court
Walkeb, J.,
after stating the case: We will consider the grounds of demurrer in the order of their statement by the defendant.
First. It will be observed from the above synopsis of the complaint and demurrer that the latter raises issues of fact rather than questions of law, by simply denying the allegations, and, in this respect, it partakes somewhat of the nature of a speaking demurrer, and is not confined to its true and limited function. As to the first ground of demurrer, it appears sufficiently that the heirs or devisees of the trustees have been made parties by personal service of…
2Cases cited20 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Gudger v. White.Supreme Court of North Carolina · 1906
- Puckett v. . MorganSupreme Court of North Carolina · 1912
- Condry v. . CheshireSupreme Court of North Carolina · 1883
- Keith v. . ScalesSupreme Court of North Carolina · 1899
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Tomika Investments, Inc. v. MacEdonia True Vine Pentecostal Holiness Church of God, Inc.Court of Appeals of North Carolina · 2000
- Seawell v. . HallSupreme Court of North Carolina · 1923
- Jefferson v. . JeffersonSupreme Court of North Carolina · 1941
- Ladies Benevolent Society v. OrrellSupreme Court of North Carolina · 1928
- Service Fire Insurance v. Horton Motor Lines, Inc.Supreme Court of North Carolina · 1945
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