Webb v. . Taylor
Supreme Court of North Carolina
Claim and Delivery tried at Spring Term, 1878, of NorthamptoN Superior court, before Seymour, J. The opinion contains the facts. Upon overruling the demurrer the defendant appealed.
1Opinion of the CourtSmith, C. J.
This action is brought under C. C. P., Title IX, ch. 2, §§ 176 to 187, to recover possession of a mule.
The complaint alleges the taking of the mule from the plaintiff by the defendant, Taylor, his subsequent selling to the defendant, Playsty, and the possession of the latter. The defendant, Taylor, demurs to the complaint, for that, it does not show possession in him, and his co-defendant answers.
On the hearing of the demurrer it was overruled and Taylor appeals.
We think there is error in the ruling of the court, and 'that upon the pleadings unamended the demurrer ought to have been sustained.
2Cases cited1 opinion
- Haughton v. . NewberrySupreme Court of North Carolina · 1873
3Cited by6 opinions
- Bowen v. KingSupreme Court of North Carolina · 1907
- Fields v. . BrownSupreme Court of North Carolina · 1912
- Bowen v. . KingSupreme Court of North Carolina · 1907
- Moore v. . BradySupreme Court of North Carolina · 1899
- Petty v. BorgUtah Supreme Court · 1944
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