Davis Schenck v. . Higgins
Supreme Court of North Carolina
PETITION by defendants to rehear, filed and tried at February Term, 1885, of Supreme Court.
1Opinion of the CourtSmith, C. J.
The plaintiff commenced and prosecuted bis suit to recover possession of the land mentioned in the complaint and damages for the withholding, until its termination in an adverse verdict, finding that he was not the owner. Pending the action the plaintiff, in September, 1881, executed a quit-claim deed for the premises to B. G. Godin and John Hyams, who, with their wives, conveyed to Allan Schenck, a resident of New York. In the Superior Court, on proof of these deeds and the employment of counsel by the latter, the defendant's costs were adjudged against him, and this ruling was reversed in…
2Cases cited2 opinions
- Peck v. . YorksNew York Court of Appeals · 1878
- Wolcott v. . HolcombNew York Court of Appeals · 1865
3Cited by1 opinion
- Dreyer v. Otter Tail Power Co.Supreme Court of Minnesota · 1939