Wells v. Clayton
Supreme Court of North Carolina
Appeal, by defendant from Burgwyn, Special Judge, and a jury, at February Term, 1952, of PeesoN. Statutory action to quiet title to realty against an adverse claim. Tbe complaint makes out tbis case in detail : The plaintiff, Nora Clayton Wells, was divorced from her former husband, the defendant, Bennehan Clayton, before the commencement of this action.
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Appeal, by defendant from Burgwyn, Special Judge, and a jury, at February Term, 1952, of PeesoN. Statutory action to quiet title to realty against an adverse claim. Tbe complaint makes out tbis case in detail : The plaintiff, Nora Clayton Wells, was divorced from her former husband, the defendant, Bennehan Clayton, before the commencement of this action. During the existence of their marriage, the plaintiff bought certain land in Roxboro Township, Person County, from Beatrice L. Latta, and took fee simple title to it in her own name under deeds duly recorded in the office of the Register of…
1Opinion of the CourtEbviN, J.
These propositions are well settled:
1. The law confers upon the parties to a civil action the right to a jury trial when, and only when, an issue of fact arises on the pleadings. G.S. 1-112; Jeffreys v. Ins. Co., 202 N.C. 368, 162 S.E. 161; Comrs. v. George, 182 N.C. 414, 109 S.E. 11; McQueen v. Bank, 111 N.C. 509, 16 S.E. 270. An issue of fact arises on the pleadings whenever a material fact is maintained by one party and controverted by the other. G.S. 1-196; Lupton v. Day, 211 N.C. 443, 190 S.E. 722. A material fact is one which constitutes a part of the plaintiff’s cause of action or the…
2Cases cited58 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
- Christman v. . HilliardSupreme Court of North Carolina · 1914
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- MacClure v. Accident & Casualty Insurance Co.Supreme Court of North Carolina · 1948
53 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- General Tire and Rubber Co. v. Distributors, Inc.Supreme Court of North Carolina · 1960
- Johnson v. LambSupreme Court of North Carolina · 1968
- Moore v. HumphreySupreme Court of North Carolina · 1958
- Hartley v. SmithSupreme Court of North Carolina · 1954
- Chisholm v. HallSupreme Court of North Carolina · 1961
54 more not listed; retrieve them via the Exa API.