Maxton Realty Co. v. Carter
Supreme Court of North Carolina
Appeal by plaintiff from Whedbee-, J., at tbe September Term, 1915, of ROBESON. Civil action, brought to enjoin a sale under execution of certain property described in tbe complaint, beard upon a demurrer ore tenus to tbe complaint upon tbe ground' tbat it fails to state a cause of action. His Honor sustained tbe demurrer and dismissed tbe action. Plaintiff appealed.
1Opinion of the CourtBuowN, J.
Tbe allegations of tbe complaint, stated succinctly, set forth tbat "Wilkinson and others owned a certain tract of land described in tbe complaint, which was sold by them to tbe plaintiff in 1909. Tbe deed to tbe plaintiff was recorded 4 May, 1915. Tbe plaintiff subdivided this land into lots, bad a map of tbe premises made and recorded tbe map in tbe book of official maps in tbe register’s office of Robeson County, and thereafter bad a sale of some of these lots.
Several of tbe lots were purchased by Lena B. Carter, wife of tbe defendant, and tbe title was made direct from tbe Realty Company…
2Cases cited5 opinions
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Williams v. . ScottSupreme Court of North Carolina · 1898
- Bostic v. . YoungSupreme Court of North Carolina · 1895
- Francis v. HerrenSupreme Court of North Carolina · 1888
- Board of Commissioners v. MicksSupreme Court of North Carolina · 1896
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- NEW HOME BUILDING SUPPLY COMPANY v. NationsSupreme Court of North Carolina · 1963
- Boyd v. Bristol Typewriter Co.Supreme Court of North Carolina · 1925