McLean v. . McDonald
Supreme Court of North Carolina
Civil actioN, tried before Webb, J., and a jury, at February Term, 1917, of Mooee. The jury having been impaneled, plaintiffs introduced their evidence and, thereupon, the court having intimated an opinion adverse to plaintiff’s right to recover’, they submitted to a nonsuit.
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Civil actioN, tried before Webb, J., and a jury, at February Term, 1917, of Mooee. The jury having been impaneled, plaintiffs introduced their evidence and, thereupon, the court having intimated an opinion adverse to plaintiff’s right to recover’, they submitted to a nonsuit. At the time this was done, and before the jury was discharged, defendants objected, insisting that there were other issues in the case raised by defendant’s cross-action or counterclaim which defendant had a right to have determined. The objection was overruled. Judgment of nonsuit was entered, and defendants, having…
1Opinion of the CourtIIoKE, J.
The action was instituted by the heirs at law of John F. McLean, deceased, and the complaint alleged ownership as such of certain lands in said county, duly described and specified, and that defendants were in the wrongful possession of said lands, claiming to own the same under and by virtue of an execution sale and sheriff’s deed pursuant thereto, had under a judgment against said J. F. McLean, during his life, on or about April, 1892.
The pleading's on the part of the defendant, the answer and amended answer, after denying plaintiffs allegations of ownership and fraud, contain averment,…
2Cases cited3 opinions
- Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
- Dempsey v. . RhodesSupreme Court of North Carolina · 1885
- Griffin v. JorgensonSupreme Court of Minnesota · 1875
3Cited by6 opinions
- Caldwell v. . CaldwellSupreme Court of North Carolina · 1925
- Garrett v. RoseSupreme Court of North Carolina · 1952
- Efthemes v. CrouchWest Virginia Supreme Court · 1953
- Everett v. YoppSupreme Court of North Carolina · 1957
- Barker v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1921
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