Holmes, Ex'r v. . Godwin
Supreme Court of North Carolina
Civil action, claim and delivery of personal property, tried at the Spring Term, 1873, of the Superior Court of Cumberland county, by his Honor, Buxton, J. The action was commenced by the testator of plaintiff, December, 1869, who having died, his executor, the present plaintiff, became a party, and prosecutes the same for the benefit of the estate of the testator.
Read the full summary
Civil action, claim and delivery of personal property, tried at the Spring Term, 1873, of the Superior Court of Cumberland county, by his Honor, Buxton, J. The action was commenced by the testator of plaintiff, December, 1869, who having died, his executor, the present plaintiff, became a party, and prosecutes the same for the benefit of the estate of the testator. The property claimed is described in the plaintiffs affidavit as “ a certain quantity of corn now in my crib on land rented to the defendant, Blackman Godwin, by virtue of a special property therein— the same being legally in my…
1Opinion of the CourtRodman, J.
The plaintiff claimed certain corn as rent owing to him by Blackman Godwin, and alleged that Black-man and Isham Godwin had taken possession of the same that it was of the value of $150, and demanded judgment that the possession of the corn be delivered to him, or if that could not be done, then for the value. (C. C. P., sec. 176, et seq.) The cause of action accrued after C. C. P.
The defendants’ answer, “ that no part of the complaint is true.” This answer was a sham one, and might have been, set aside on motion. See Flack v. Dawson, at this term. But-as the parties went to trial on it…
2Cases cited1 opinion
- Scott v. . Elliott and OthersSupreme Court of North Carolina · 1869
3Cited by27 opinions
- State v. . CaseySupreme Court of North Carolina · 1931
- State v. . LeaSupreme Court of North Carolina · 1932
- Carson v. . DellingerSupreme Court of North Carolina · 1884
- State v. CaseySupreme Court of North Carolina · 1931
- State v. Lilliston.Supreme Court of North Carolina · 1906
22 more not listed; retrieve them via the Exa API.