Brooks v. . Brooks
Supreme Court of North Carolina
EJECTMENT tried at Fall Term, 1883, of PeesoN Superior Court, before MaaRae, J. Both the plaintiffs and defendants claim to derive title from Larkin Brooks, deceased. The plaintiffs are the heirs-at-law of David Brooks, and the defendants a,re the heirs-at-law of the said Larkin Brooks.
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EJECTMENT tried at Fall Term, 1883, of PeesoN Superior Court, before MaaRae, J. Both the plaintiffs and defendants claim to derive title from Larkin Brooks, deceased. The plaintiffs are the heirs-at-law of David Brooks, and the defendants a,re the heirs-at-law of the said Larkin Brooks. On the trial the plaintiffs put in evidence a deed from Larkin Brooks and his wife, to David Brooks', dated July 22d, 1873. The defendants denied the validity of this deed upon the ground that their ancestor Larkin Brooks was insane, and had not sufficient mental capacity at the time he signed this deed to…
1Opinion of the CourtMxsbeimON, J.
It is within the discretion of the court to-allow or disallow a proposed amendment of the pleadings, either before or on the trial of an action, and the exercise of such discretion is not roviewable in this court. Dobson v. Chambers, 78 N. C., 334; Henry v. Cannon, 86 N. C., 24; Wiggins v. McCoy, 87 N. C., 499; Gill v. Young, 88 N. C., 58.
There are cases, however, where the amendment allowed may create a right in the adverse party to be allowed to make corresponding amendments or put in additional pleadings rendered necessary by the amendments first allowed. In such cases, if the court should…
2Cases cited7 opinions
- Guy v. . ManuelSupreme Court of North Carolina · 1883
- Adams v. . UtleySupreme Court of North Carolina · 1882
- Henry v. . CannonSupreme Court of North Carolina · 1882
- Gill v. . YoungSupreme Court of North Carolina · 1883
- Churchill v. . LeeSupreme Court of North Carolina · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Smith v. . KingSupreme Court of North Carolina · 1890
- Smith v. . NimocksSupreme Court of North Carolina · 1886
- Michaux v. Paul Rubber Co.Supreme Court of North Carolina · 1925
- Dobson v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Smith v. . SmithSupreme Court of North Carolina · 1898
4 more not listed; retrieve them via the Exa API.