Exum v. . Cogdell
Supreme Court of North Carolina
Civil actioN, in tbe nature of ejectment, tried, before Seymour, J., and a jury, at Fall Term, 1875, of WayNE Superior Court. The action was commenced May 19th, 1872, by the plaintiff against Z. L. Thompson, to recover possession of thirteen acres of laud. At Fall Term, 1872, Daniel Cogdell, assignee in bankruptcy of Z. L. Thompson, was made a party defendant..
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Civil actioN, in tbe nature of ejectment, tried, before Seymour, J., and a jury, at Fall Term, 1875, of WayNE Superior Court. The action was commenced May 19th, 1872, by the plaintiff against Z. L. Thompson, to recover possession of thirteen acres of laud. At Fall Term, 1872, Daniel Cogdell, assignee in bankruptcy of Z. L. Thompson, was made a party defendant.. (The Register’s deed in bankruptcy bears date February 25th, 1869, and was registered in "Wayne county January 20th, 1873.) ■ The loeus in quo was, at the commencement of the action and still is, in the possession of the defendant…
1Opinion of the Court
Settueíj J.
Tlie plaintiff contends that the defendants are estopped to deny his title.
1. By a judgment in a former action, in which the present plaintiff was defendant and the present defendants were plaintiffs ; reported in 69 N. C. Rep. 464.
2. That the defendants are estopped by matter in pais; to-wit: the procuring of the Sheriff and the Register of Deeds, by the defendant Thompson and the purchaser, Eulghum, to-.so alter his deed as to embrace the land now in controversy, although the same had not been levied upon, nor sold by the Sheriff; and the conduct of the defendant, Thompson, in…
2Cases cited2 opinions
- Cogdell, Assignee v. . ExumSupreme Court of North Carolina · 1873
- Holmes v. CrowellSupreme Court of North Carolina · 1875
3Cited by7 opinions
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886
- American Exchange National Bank v. WinderSupreme Court of North Carolina · 1929
- Loftin v. . CrosslandSupreme Court of North Carolina · 1886
- Ramsey v. . NebelSupreme Court of North Carolina · 1946
- Barbour v. MooreCourt of Appeals for the D.C. Circuit · 1894
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