McCullers v. . Cheatham
Supreme Court of North Carolina
Appeal by defendants from Garter, /., at March Term, 1913, Of JOHNSTON. This was originally an action for tbe recovery of a lot of leaf tobacco raised by E. T. Parham on defendant’s farm, known as the “Widow "Whitley’s place.” Parham was the tenant of defendants in 1910, cultivating the farm on shares-. Plaintiff D. H. McCullers made advances to him in money and supplies, under a contract between them.
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Appeal by defendants from Garter, /., at March Term, 1913, Of JOHNSTON. This was originally an action for tbe recovery of a lot of leaf tobacco raised by E. T. Parham on defendant’s farm, known as the “Widow "Whitley’s place.” Parham was the tenant of defendants in 1910, cultivating the farm on shares-. Plaintiff D. H. McCullers made advances to him in money and supplies, under a contract between them. Defendants bought Parham’s one-half share of the tobacco raised on the farm for $400, but never took possession of it. Plaintiff seized it under the process, but surrendered it to defendants in…
1Opinion of the Court
WalKER, J.,
after stating tbe case: Tbe misfortune of tbe defendants in tbis case is that tbe referee bas found all tbe essential facts against tbem, and wben these findings were reviewed and approved by tbe judge, upon consideration of tbe report and tbe exceptions, there being evidence to warrant tbem, we are precluded from changing tbe report in tbis respect, but must decide tbe case upon tbe findings of fact as made by tbe referee and approved by tbe court. ¥e recently stated tbe rule of practice in tbis respect: “We will not review tbe referee’s findings of fact, wbicb are settled, upon a…
2Cases cited9 opinions
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- Norfolk Southern Railroad v. BarnesSupreme Court of North Carolina · 1889
- Austin v. . StewartSupreme Court of North Carolina · 1900
- Mendenhall v. . MendenhallSupreme Court of North Carolina · 1860
- Norwood v. Lassiter.Supreme Court of North Carolina · 1903
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3Cited by10 opinions
- Buie v. KennedySupreme Court of North Carolina · 1913
- Griggs v. . York-Shipley, Inc.Supreme Court of North Carolina · 1948
- Simmons v. . GroomSupreme Court of North Carolina · 1914
- Morganton Manufacturing & Trading Co. v. Foy-Seawell Lumber Co.Supreme Court of North Carolina · 1919
- Robinson v. . JohnsonSupreme Court of North Carolina · 1917
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