Burgess v. . Kirby
Supreme Court of North Carolina
Civil ACTION, tried before Gilmer, Judge, and a jury, at January Special Term, 1886, of the Superior Court of DurhaM County. , The substanee of this case., as presented by the record, is this: The plaintiffs allege, that George W. Trice, now deceased, in his lifetime, executed and delivered to the plaintiffs Martha Burgess formerly, and at the time of such delivery, Williams, and Joseph J. Williams, her son, a deed, whereby he conveyed to them the tract of land described in…
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Civil ACTION, tried before Gilmer, Judge, and a jury, at January Special Term, 1886, of the Superior Court of DurhaM County. , The substanee of this case., as presented by the record, is this: The plaintiffs allege, that George W. Trice, now deceased, in his lifetime, executed and delivered to the plaintiffs Martha Burgess formerly, and at the time of such delivery, Williams, and Joseph J. Williams, her son, a deed, whereby he conveyed to them the tract of land described in the complaint, which deed not having been registered, was lost. This action was brought against the heirs-at-law and the…
1Opinion of the CourtMerrXMON, J.
(after stating the facts). The whole case had been beard upon the merits, preparatory to final judgment. Nothing remained to be done to that end, and both the plaintiffs and defendants insisted that the judgment of the law should be entered by the Court, the former contending that it should be as proposed by them, and the latter as by them. The Court, however, declined to grant any judgment, but made an order staying further proceedings in the action, until the plaintiffs “should take proper steps in Wake Superior Court to have said judgment, (that in theSpecial Proceeding mentioned),…
2Cases cited7 opinions
- England v. . GarnerSupreme Court of North Carolina · 1884
- Vick v. . PopeSupreme Court of North Carolina · 1879
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- Stancill and Gay v. . GaySupreme Court of North Carolina · 1885
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3Cited by11 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Neville v. . PopeSupreme Court of North Carolina · 1886
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Starnes v. . ThompsonSupreme Court of North Carolina · 1917
- McLaurin v. . McLaurinSupreme Court of North Carolina · 1890
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