Maynard v. . Moore
Supreme Court of North Carolina
Ejeetment — Execution Sale — Evidenee — Practiee —Deed— Covenants. ' Civil ActioN, for the recovery of possession of real estate tried at Eall Term, 1875, of AlamaNce Superior Court, before Kerr, J. The facts are sufficiently stated by Mr, Justice Rodman, in delivering the opinion of this Court.
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Ejeetment — Execution Sale — Evidenee — Practiee —Deed— Covenants. ' Civil ActioN, for the recovery of possession of real estate tried at Eall Term, 1875, of AlamaNce Superior Court, before Kerr, J. The facts are sufficiently stated by Mr, Justice Rodman, in delivering the opinion of this Court. (See case of same title, 70 N. C. 546.) eited, Lanier v. Stone, 1 Hawks, 829 ; Barden v. McKinne, 4 Ilawks, 279 ; Clarke v. Biggs, 6 Ire. 159 ; Taylor v. Gooch, 3 Jones, 467; Duncan v. Duncan,3 Ire. 317; LyerlyY. Wheeler, 11 Ire. 288, Lambert V. Kinnery, 74 N. C. 348 ; Beavan v. Speed, Lbid, 544 ;…
1Opinion of the CourtRodman, J.
This case is somewhat complicated of itself, but it has been made more so by a style of pleading which states what is properly evidence, instead of stating facts.
It is our duty however to disentangle the mass and to extract from it as 'well as we can, the claims of the parties, and from the facts which are proved or admitted, to ascertain their rights
1. The plaintiff claims title to and the right to the possession of a certain piece of land. The defendant denies this right. Here is a joint issue. The plaintiff proves in support of his title the following facts; At September Term, 1861 of the…
2Cases cited3 opinions
- McKee, Sheriff v. . LinebergerSupreme Court of North Carolina · 1873
- McKeithan v. . TerrySupreme Court of North Carolina · 1870
- Maynard v. MooreSupreme Court of North Carolina · 1874
3Cited by18 opinions
- Midland Railway Co. v. FisherIndiana Supreme Court · 1890
- Sanger v. WarrenTexas Supreme Court · 1898
- Fort v. . AllenSupreme Court of North Carolina · 1892
- Cleveland Realty Company v. HobbsSupreme Court of North Carolina · 1964
- Sexauer v. WilsonSupreme Court of Iowa · 1907
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