Den on Demise of Love v. Wilbourn
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Buncombe county, at the Fall Term, 1842, his Honor Judge Dick presiding The facts of the case are stated in the opinion delivered the Chief Justice. cited the following authorities: That the sheriff had no authority to sell for the taxes, Martin v. Lacy, 1 Murph. 311. Den ex dem.
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Appeal from the Superior Court of Law of Buncombe county, at the Fall Term, 1842, his Honor Judge Dick presiding The facts of the case are stated in the opinion delivered the Chief Justice. cited the following authorities: That the sheriff had no authority to sell for the taxes, Martin v. Lacy, 1 Murph. 311. Den ex dem. Pentland v. Stewart, 4 Dev. & Bat. 386. Ormond v. Faircloth, 1 Mur. 36. Jones v. Gibson, N. C. Term R. 41. Avery v. Rose, 4 Dev. 549. That ejectment might be maintained against two, ¡Stead’s Ex’ors. v. Cowes, 4 Cranch 402. cited Jackson v. Hazen, 2 John. Rep. 437. Rougher v.…
1Opinion of the CourtRuffin, C. J.
This is an ejectment, brought in 1840, for 1G0 acres of land, which the lessors of the plaintiff claim under John Gray Blount, by a conveyance in 1834. The defendants contended, that Blount’s title had been before divested by sales for taxes. A verdict was given for the plaintiff, subject to the opinion of the court on a case agreed; and, on it, a judgment was entered for the plaintiff pro forma, and an appeal allowed by consent to the defendants.
The case agreed is very defectively stated, particularly in setting forth, in several instances, the testimony of the defendants’ witnesses, instead…
2Cases cited4 opinions
- Jackson, ex rel. Hendricks v. AndrewsNew York Supreme Court · 1831
- Jackson v. WoodsNew York Supreme Court · 1810
- Jackson ex dem. Murray v. HazenNew York Supreme Court · 1807
- Jackson ex dem. Potter v. ScovilleNew York Supreme Court · 1830