Jordan v. . Bryan
Supreme Court of North Carolina
Civil action, tried before Avery, J., at October Term, 1888, of the Superior Court of the county of Wayne. The action commenced November 26, 1887, is brought to recover cotton, cotton-seed, corn and fodder, of the aggregate value of $117.50, as alleged in the complaint, which were taken under the ancillary proceeding of claim and delivery, but returned to the defendant, he having given the requisite undertaking.
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Civil action, tried before Avery, J., at October Term, 1888, of the Superior Court of the county of Wayne. The action commenced November 26, 1887, is brought to recover cotton, cotton-seed, corn and fodder, of the aggregate value of $117.50, as alleged in the complaint, which were taken under the ancillary proceeding of claim and delivery, but returned to the defendant, he having given the requisite undertaking. There was a reference, under The Code, to W. C. Monroe, Esq., whose report of finding of fact was, in substance, that the defendant John W. Bryan cultivated the land of the plaintiff…
1Opinion of the CourtDavis, J.
(after stating the case). The first exception is to the finding of fact when there was not sufficient evidence to support it. None of the evidence is sent up with the record, -and the question sought to be raised by the first exception is not before us, and if it were, it is not for us to pass upon the weight of evidence.
By § 1754 of The Code, all crops raised on lands rented or leased “ shall be deemed and held to be vested in possession •of the lessor or his assigns at all times until the rents for said lands shall be paid,” &c., and the “ remedies in an action upon a claim for the delivery…
2Cases cited3 opinions
- Curtis v. . CashSupreme Court of North Carolina · 1881
- State v. . CopelandSupreme Court of North Carolina · 1882
- Livingston v. . FarishSupreme Court of North Carolina · 1883
3Cited by10 opinions
- Rader v. Queen City Coach Co.Supreme Court of North Carolina · 1945
- Sturtevant v. Selma Cotton MillsSupreme Court of North Carolina · 1916
- Kunz v. NelsonUtah Supreme Court · 1938
- Harris v. . SmithSupreme Court of North Carolina · 1907
- Hall v. OdomSupreme Court of North Carolina · 1954
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