Allen v. . Allen
Supreme Court of North Carolina
This was a civil action, tried at October Term, 1893, of Yaxcje Superior Court, before Iloke, J, and a jury. To condense the pleadings as far as practicable: The plaintiff brought his action against the widow and heirs of D. S. Allen, alleging title and seeking to recover possession of the tract of land described in the complaint.
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This was a civil action, tried at October Term, 1893, of Yaxcje Superior Court, before Iloke, J, and a jury. To condense the pleadings as far as practicable: The plaintiff brought his action against the widow and heirs of D. S. Allen, alleging title and seeking to recover possession of the tract of land described in the complaint. ITe further alleges that said land formerly belonged to one J. J. Hayes, and was purchased from him by plaintiff and D. S. Allen jointly, in 1869, for $2,000, and that plaintiff'subsequently bought the interest of D. S. Allen in said land, and that, after the death…
1Opinion of the Court
MaoRae, J.:
It is the duty of the trial Judge to submit to the jury such issues, arising upon the pleadings, as will present the whole matter in controversy between the parties and will allow the introduction of all material evidence, the responses to which will enable the Court to pronounce j udgment upon the merits. See cases cited in Clark’s Code, 2 Ed., sections 395 and 396. It appears by the pleadings that the simple questions of ownership and possession are not the only matters necessary to be passed upon by the jury. The defendants set up equities upon which they demand substantial…
2Cited by4 opinions
- Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897
- Kerr v. Hicks.Supreme Court of North Carolina · 1902
- Simmons v. . AllisonSupreme Court of North Carolina · 1896
- Simmons v. . AllisonSupreme Court of North Carolina · 1896