Lance v. Russell
Supreme Court of North Carolina
Appeal from Lane, J., at July Term, 1911, of BuNcombe. Tbis action was commenced on 16 November, 1903, and tbe complaint is as follows: • “1. Tbat on 1 April, 1902, tbe plaintiff executed to tbe defendant a certain deed conveying to tbe said J. N. Russell a certain tract of land containing about 325 acres, situate in Limestone Township, Buncombe County, North Carolina, bounded on one side by tbe French Broad River, tbe same being fully described in tbe deed aforesaid, which…
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Appeal from Lane, J., at July Term, 1911, of BuNcombe. Tbis action was commenced on 16 November, 1903, and tbe complaint is as follows: • “1. Tbat on 1 April, 1902, tbe plaintiff executed to tbe defendant a certain deed conveying to tbe said J. N. Russell a certain tract of land containing about 325 acres, situate in Limestone Township, Buncombe County, North Carolina, bounded on one side by tbe French Broad River, tbe same being fully described in tbe deed aforesaid, which is duly registered on page 507 of Book No. 123 in tbe office of Register of Deeds of Buncombe County. “2. That the said…
1Opinion of the CourtAlleN, J.
The motion to dismiss the action upon the ground that the complaint is insufficient is based upon the -allegations contained in the ninth paragraph of the complaint, the defendant contending that it is there in substance alleged that the plaintiff is resisting a recovery of possession of the land, conveyed by the defendant to H. T. Brown, and if so, that he is not entitled to an account of the purchase money.
The allegations of the complaint do not, however, go as far as the defendant insists. It is not alleged that the plaintiff is a party to the action instituted against Ducker, or that…
2Cases cited5 opinions
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Kerr v. Hicks.Supreme Court of North Carolina · 1902
- Bushee v. . SurlesSupreme Court of North Carolina · 1878
- Brackett v. . GilliamSupreme Court of North Carolina · 1899
- Patrick v. Richmond & Danville RailroadSupreme Court of North Carolina · 1888
3Cited by6 opinions
- Cox v. . BoydenSupreme Court of North Carolina · 1914
- Coburn v. Roanoke Land and Timber CorporationSupreme Court of North Carolina · 1962
- Smith v. . HicksSupreme Court of North Carolina · 1891
- Edwards v. PerrySupreme Court of North Carolina · 1934
- Edwards v. . PerrySupreme Court of North Carolina · 1934
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