Yates v. . Yates
Supreme Court of North Carolina
Civil ActioN to recover Land tried at Spring Term, 1879, of Wilkes Superior Court, before Schenclc, J. The case was tried upon the pleadings, the nature of which is embodied in the opinion. Judgment for the defendants, appeal by plaintiff.
1Opinion of the CourtDillakd, J.
In this action the plaintiff seeks to recover land on a claim of ownership and title in himself, and the defendants defend on two grounds :
1st. They deny title in the plaintiff and aver title in themselves; and 2nd, They show forth by way of special plea as an estoppel, that the plaintiff before the institution of the present action, had a suit against them to recover the possession of the same land which was defended on the denial of the right of possession in the plaintiff and on the averment of title in themselves, and that on the trial, the plaintiff, as part of his claim of title,…
2Cases cited4 opinions
- Washington, Alexandria, & Georgetown Steam-Packet Co. v. SicklesSupreme Court of the United States · 1861
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Young v. BlackSupreme Court of the United States · 1813
- William Falls v. . Robert F. GambleSupreme Court of North Carolina · 1872
3Cited by22 opinions
- Jones v. . BeamanSupreme Court of North Carolina · 1895
- Palmer v. LabereeWashington Supreme Court · 1900
- J. T. McTeer Clothing Co. v. HaySupreme Court of North Carolina · 1913
- Coburn v. Roanoke Land and Timber CorporationSupreme Court of North Carolina · 1963
- Van Buren Bryan v. MalloySupreme Court of North Carolina · 1884
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