Hammond v. Schiff
Supreme Court of North Carolina
Civil ACTION, tried before MacRae, J.', and a jury, at the Fall Term, 1887, of Mecklenburg Superior Court. Verdict and judgment for plaintiffs. Defendants appealed.
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Civil ACTION, tried before MacRae, J.', and a jury, at the Fall Term, 1887, of Mecklenburg Superior Court. Verdict and judgment for plaintiffs. Defendants appealed. The plaintiffs, as tenants under a lease from John H. Mc-Aden, the owner, were in the occupation of a house and lot fronting on Trade street, in Charlotte, pursuing a mercantile business, in the year 1885, while the defendants, similarly engaged, were early in that year in possession of an adjoining lot with like frontage, under a contract of purchase, made on July 1,1875, with Henry W. Fries, the building on which was consumed by…
1Opinion of the Court
SMITH, C. J.,
(after stating the facts). With, this long and detailed recital of what occurred at the trial, we enter upon a consideration of the exceptions taken by the defendants.
The exceptions numbered 1, 2, and 3, rest upon the same proposition, the insufficiency of the acts proved to raise an estoppel, or confer any right upon McAden or his lessees to the use of the wall built upon the Fries lot, and at its boun•dary.
The objection is not so much, as we have repeatedly had occasion heretofore to remark, to the admissibility of the evi- • dence, as to its sufficiency to prove an estoppel,…
2Cases cited2 opinions
- Barnhardt v. . SmithSupreme Court of North Carolina · 1882
- Smiley v. . PearceSupreme Court of North Carolina · 1887
3Cited by28 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- S. v. . EnglishSupreme Court of North Carolina · 1913
- Hunt v. EureSupreme Court of North Carolina · 1925
- State v. Ledford.Supreme Court of North Carolina · 1903
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