Kelly v. . McLeod
Supreme Court of North Carolina
Appeal by plaintiff from Justice, J., at December Term, 1913, of BobesoN. - . On 22 Marcb, 1884, A. H. McLeod, intestate of defendant, recovered judgment before a justice of the peace against plaintiff, W. W. Kelly, for $177.23 and costs, which was docketed in the Superior Court 22 March, 1884. McLeod afterwards sued upon tbat judgment, and obtained another judgment on 22 March, 1891, for the amount thereof and costs, and this judgment was docketed on 22 March, 1891. He also…
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Appeal by plaintiff from Justice, J., at December Term, 1913, of BobesoN. - . On 22 Marcb, 1884, A. H. McLeod, intestate of defendant, recovered judgment before a justice of the peace against plaintiff, W. W. Kelly, for $177.23 and costs, which was docketed in the Superior Court 22 March, 1884. McLeod afterwards sued upon tbat judgment, and obtained another judgment on 22 March, 1891, for the amount thereof and costs, and this judgment was docketed on 22 March, 1891. He also recovered judgment before said justice 22 March, 1884, against plaintiff, for $164.23 and costs, which was docketed in…
1Opinion of the Court
"Walker, J.,
after stating the case: Defendant contended here that this action was not maintainable, upon several grounds, and among others, that the allotment was merely irregular and not void, and the remedy was by exception thereto, or by motion to set aside (Welch v. Welch, 101 N. C., 565), and that if the allotment is void on its face, it is, for that reason, no cloud upon the title, relying on Busbee v. Macy, 85 N. C., 329; Busbee v. Lewis, ibid., 332, and subsequent cases approving them; and further, that a court of equity will not aid a plaintiff to plead the statute of limitations;…
2Cases cited11 opinions
- Brokaw v. OgleIllinois Supreme Court · 1897
- Clark v. ThiasSupreme Court of Missouri · 1903
- Giles v. MillerNebraska Supreme Court · 1893
- Kaser v. HaasSupreme Court of Minnesota · 1881
- Busbee v. . MacYSupreme Court of North Carolina · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Trust Co. v. . WatkinsSupreme Court of North Carolina · 1939
- Citizens Bank & Trust Co. v. WatkinsSupreme Court of North Carolina · 1939
- Rostan v. . HugginsSupreme Court of North Carolina · 1939
- Hicks v. . WootenSupreme Court of North Carolina · 1918
- Holley v. . WhiteSupreme Court of North Carolina · 1916
1 more not listed; retrieve them via the Exa API.