McBryde v. . Patterson
Supreme Court of North Carolina
This was a special ppkooeediNG, originally commenced in the Probate Court and carried upon appeal to the Superior Court of RobesoN county, where it was heard before Kerr, J., at Spring Term, 1875. The defendant moved to dismiss the proceeding. The Court overruled the motion, and thereupon the defendant appealed. All the facts necessary to an understanding of the case, as decided in this Court, are stated in the opinion of Chief Justice PEARSON.
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This was a special ppkooeediNG, originally commenced in the Probate Court and carried upon appeal to the Superior Court of RobesoN county, where it was heard before Kerr, J., at Spring Term, 1875. The defendant moved to dismiss the proceeding. The Court overruled the motion, and thereupon the defendant appealed. All the facts necessary to an understanding of the case, as decided in this Court, are stated in the opinion of Chief Justice PEARSON. After a delay of three terms an appellant is not entitled to a certiorari. See Erwin v. Erwin, 3 Dev., 528. No error appearing in the transcript, the…
1Opinion of the CourtFeaesoN, C. J.
Under the “ old mode of procedure,” íd a petition for partition, if the defendant pleaded “sole seizure” the proceeding was stayed by the Court. The plaintiff directed to bring an action of ejectment to try the title, and the defendant required to confess an “actual ouster” for the purpose of enabling the plaintiff to bring the action, as a tenant in common could not maintain ejectment against his co-tenant unless there had been “ an actual ouster.”
That practice is excluded by the Code of Civil Procedure, for it in effect requires, or at least strongly recommends all matters of controversy…
2Cases cited7 opinions
- Brumble v. . BrownSupreme Court of North Carolina · 1874
- Heilig v. . FoardSupreme Court of North Carolina · 1870
- Utley v. . FoySupreme Court of North Carolina · 1874
- Miller v. . BarnesSupreme Court of North Carolina · 1871
- Doe Ex Dem. Williams v. CouncilSupreme Court of North Carolina · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Goodman v. . SappSupreme Court of North Carolina · 1889
- Helms v. . AustinSupreme Court of North Carolina · 1895
- Simpson v. . WallaceSupreme Court of North Carolina · 1880
- Capps v. . CappsSupreme Court of North Carolina · 1881
- Spencer v. . CredleSupreme Court of North Carolina · 1889
4 more not listed; retrieve them via the Exa API.