Wetherell v. . Gorman
Supreme Court of North Carolina
This was a Special Proceeding, tried before Waits, <•/., at. January Term, 1876, of Wake Superior Court. The case was before this court upon appeal at June Term,. 1875, and is fully reported in 73 N. C. Rep. 380. In accordance witli the judgment of this court, the case was referred to the Clerk of the Court below, to state an account between the plaintiffs and the defendant, Whitaker, “charging tiie said Whitaker with the rents and profits received by him, and allowing tiie…
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This was a Special Proceeding, tried before Waits, <•/., at. January Term, 1876, of Wake Superior Court. The case was before this court upon appeal at June Term,. 1875, and is fully reported in 73 N. C. Rep. 380. In accordance witli the judgment of this court, the case was referred to the Clerk of the Court below, to state an account between the plaintiffs and the defendant, Whitaker, “charging tiie said Whitaker with the rents and profits received by him, and allowing tiie said Whitaker the value of the purchase money paid by him, and also the enhanced value of the land, arising from any…
1Opinion of the CourtReads, J.
The amount in controversy is small, and another reference and report, and the delay and expense incident thereto make it important that there should be an end to the litigation, unless manifest injury would result to one party or the other. Both parties except to the report; both parties are dissatisfied, which probably amounts to about the same as if both parties were satisfied.
The plaintiff has five exceptions to the report, only one of which, the second, has any force: “ That the cost of the re- paira, instead of their value to the premises was allowed the defendant.”
Their value to the…
2Cases cited1 opinion
- Wetherell and Wife v. . Gorman .Supreme Court of North Carolina · 1875
3Cited by9 opinions
- Wharton v. . MooreSupreme Court of North Carolina · 1881
- Jones v. . SandlinSupreme Court of North Carolina · 1912
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1887
- Daniel v. . CrumplerSupreme Court of North Carolina · 1876
- Smith v. . StewartSupreme Court of North Carolina · 1880
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