Legal Opinion

Midgett v. Midgett.

Supreme Court of North Carolina

Decided September 10, 1901PublishedCited by 5 opinions

ActioN by W. W. Midgett against J. D. Midgett, beard by Judge Thos. A. McNeill and a jury, at Fall Term, 1900, of I)ARE County Superior Court. From a judgment for tbe plaintiff, tbe defendant appealed.

1Opinion of the Court

Furches, O. J.

Tbis is a proceeding commenced before tbe Clerk of Dare Superior Court, under Chapter 22, Laws 1893. Tbis act seems to have been intended as a substitute for tbe old processioning act, and it bas been so many times beld by tbis Court that it settles nothing as to title, that we are somewhat surprised to see that it should 'have been used in tbis proceeding instead of a civil action. Vandyke v. Farris, 126 N. C., 744; Williams v. Hughes, 124 N. C., 3; Wilson v. Alleghany Co., 124 N. C., 7.

But besides this, it appears to us from tbe case on appeal, tbe map exhibited (which tbe…

2Cases cited4 opinions

  1. Midgett v. . TwifordSupreme Court of North Carolina · 1897
  2. Williams v. . HughesSupreme Court of North Carolina · 1899
  3. Wilson v. . Alleghany Co.Supreme Court of North Carolina · 1899
  4. Vandyke v. . FarrisSupreme Court of North Carolina · 1900

3Cited by5 opinions

  1. Whitaker v. GarrenSupreme Court of North Carolina · 1914
  2. Parker v. Taylor.Supreme Court of North Carolina · 1903
  3. Smith v. Johnson.Supreme Court of North Carolina · 1904
  4. Whitaker v. . GarrenSupreme Court of North Carolina · 1914
  5. Whitaker v. GarrenSupreme Court of North Carolina · 1914

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