Allen v. . Sallinger
Supreme Court of North Carolina
This was an action involving the title and right to possession of a tract of land, tried at the September Term, 1890, of the Superior Court of Martin County, before Womack, J. Appeal by defendant. The case is stated in the opinion.
1Opinion of the Court
Avery, J.:
Not a single exception was taken to the rulings or the charge of the Court below. The contention of the defendant, suggested for the first time in this Court, was, that there was a fatal variance between the description of the land sued for, as set forth in the complaint, and that contained in the deed offered by the plaintiff, to establish title. As a remedy for this defect the. plaintiff moved here to amend the complaint by embodying in it the calls of his deed instead of the imperfect boundaries now declared upon, and the motion was allowed in the exercise of an unquestionable…
2Cases cited6 opinions
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Redmond v. . SteppSupreme Court of North Carolina · 1888
- Grant v. . RogersSupreme Court of North Carolina · 1886
- Miller v. . BryanSupreme Court of North Carolina · 1882
- Wellons v. . JordanSupreme Court of North Carolina · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bachelor v. . NorrisSupreme Court of North Carolina · 1914
- Freeman v. . RamseySupreme Court of North Carolina · 1925
- Carolina Power & Light Co. v. WatersSupreme Court of North Carolina · 1963
- Broadwell v. Morgan.Supreme Court of North Carolina · 1906
- Heirs at Law of Freeman v. RamseySupreme Court of North Carolina · 1925