Davis v. Keen.
Supreme Court of North Carolina
AotioN by Sylvester Davis and others against J. E. Keen, heard by Judge G. S. Ferguson and a jury, at the August Term, 1906, of the Superior Court of Davidson. The plaintiffs seek in this action to set aside a sale made under the power contained in a mortgage from Calvin Davis to Beelc & Eoust, at which sale the defendant Keen became the purchaser.
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AotioN by Sylvester Davis and others against J. E. Keen, heard by Judge G. S. Ferguson and a jury, at the August Term, 1906, of the Superior Court of Davidson. The plaintiffs seek in this action to set aside a sale made under the power contained in a mortgage from Calvin Davis to Beelc & Eoust, at which sale the defendant Keen became the purchaser. The plaintiffs attacked the sale on several grounds, but in this appeal only one need be considered, as the appellant’s assignment of error is confined to the second' issue. The allegation of the complaint, with respect to that ground of attack, is…
1Opinion of the Court
WaleeR, J.,
after stating tbe case: Tbe Court submitted tbe first issue in practically tbe same form as-the one proposed by tbe appellant, tbe introduction of tbe word “advertising” being proper under tbe circumstances. Tbe verdict on that issue was in bis favor, so no barm was done by tbe Court’s amendment, even if it was improper.
Tbe addition of tbe words “as alleged in tbe complaint” to tbe second issue, would not ba^e essentially altered its mean ing, as issues in. contemplation of tbe law bave reference to tbe pleadings and are based upon them. Tbe issue as submitted substantially…
2Cases cited15 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Parker v. . BanksSupreme Court of North Carolina · 1878
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- Cardon v. . McConnellSupreme Court of North Carolina · 1897
- Monroe Bros. v. Fuchtler & KernSupreme Court of North Carolina · 1897
10 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Rawls v. . LuptonSupreme Court of North Carolina · 1927
- State v. . DilliardSupreme Court of North Carolina · 1943
- Ellis v. . WellonsSupreme Court of North Carolina · 1944
- Ellis v. WellonsSupreme Court of North Carolina · 1944
- State v. . YatesSupreme Court of North Carolina · 1911
20 more not listed; retrieve them via the Exa API.