Clarke v. Aldridge
Supreme Court of North Carolina
Appeal from Cline, J., at November Term, 1912, of Mitchell. Civil action. On the trial it was made to appear that, heretofore, plaintiffs and defendants, other than Benjamin Ald-ridge, as children and heirs at law of D. S. Clarke, deceased, had instituted suit for partition of certain lands in said county. Owing to the existence of equities affecting the title, and not relevant to the present inquiry, the cause was brought to Superior Court in term.
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Appeal from Cline, J., at November Term, 1912, of Mitchell. Civil action. On the trial it was made to appear that, heretofore, plaintiffs and defendants, other than Benjamin Ald-ridge, as children and heirs at law of D. S. Clarke, deceased, had instituted suit for partition of certain lands in said county. Owing to the existence of equities affecting the title, and not relevant to the present inquiry, the cause was brought to Superior Court in term. Pending the controversy, defendant Benjamin Aldridge, on motion, was made party defendant and pleaded sole seizin as to a portion of the land,…
1Opinion of the Court
IIoke, J.,
after stating the case: The writ of assistance, in its ordinary acceptation, is one issuing from a court having general equitable jurisdiction for the enforcement of decrees or orders conferring a, right to the present possession or enjoyment of property. It usually issues on motion after notice duly served, when the right thereto is clear, and, as a rule, only against parties or persons bound by the terms of the decree. *329Wagon Co. v. Byrd, 119 N. C., 464; Exum v. Baker, 115 N. C., 244; Knight v. Houghtalling, 94 N. C., 408; 2 Beach Modern Eq. Practice, sec. 897; Schenck v. Conover,…
2Cases cited16 opinions
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Cherry v. Slade's AdministratorSupreme Court of North Carolina · 1819
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
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3Cited by16 opinions
- Hardison v. . EverettSupreme Court of North Carolina · 1926
- Bank v. . LeveretteSupreme Court of North Carolina · 1924
- Brown v. HodgesSupreme Court of North Carolina · 1951
- Potter v. . BonnerSupreme Court of North Carolina · 1917
- Watford v. . PierceSupreme Court of North Carolina · 1924
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