Molton v. . Miller
Supreme Court of North Carolina
y I From Jones. J This was an action of trespass, brought to recover of the defendant, the profits of a tract of land, received by Mary Mumford, the defendant’s intestate, in her lifetime, and was tried below before Badger, Judge. On the trial, the plaintiff produced in evidence the record of a former action of ejectment, brought in this court in the name of John Doe on the demise of the present plaintiff, against Richard Roe as the casual ejector.
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y I From Jones. J This was an action of trespass, brought to recover of the defendant, the profits of a tract of land, received by Mary Mumford, the defendant’s intestate, in her lifetime, and was tried below before Badger, Judge. On the trial, the plaintiff produced in evidence the record of a former action of ejectment, brought in this court in the name of John Doe on the demise of the present plaintiff, against Richard Roe as the casual ejector. By this record it appeared that the declaration was served' on Mary Mumford, with the usual notice to her in the name of the casual ejector. At…
1Opinion of the Court
Taylor, Chief Justice,
delivered the Court’s opinion. Two questions have been argued in this case, neither of which has been directly brought under discussion before. The first is, whether the act allowing the revival only of tortious actions shall be construed to allow the original institution of them against the representatives. The position has hitherto been taken for granted, that whatever suit could be revived, might also be instituted; and after an attentive consideration of the several acts, and the arguments offered by the counsel, this is, in my opinion, the proper construction of the…
2Cited by2 opinions
- McIntyre v. JoseySupreme Court of North Carolina · 1953
- Arnold v. . LanierSupreme Court of North Carolina · 1814