Dickens v. . Long
Supreme Court of North Carolina
Civil actio x, board and determined by Connor, J., at November Term, 1892, of Pkrhox Superior Court. The case was heard at April Term, 1891, by Boykin, Judge, and from the judgment then rendered dismissing the action an appeal tras taken and heard at September Term, 1891, of this Court, and was reported in 109 N. 0., page 165, where the facts arc fully stated.
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Civil actio x, board and determined by Connor, J., at November Term, 1892, of Pkrhox Superior Court. The case was heard at April Term, 1891, by Boykin, Judge, and from the judgment then rendered dismissing the action an appeal tras taken and heard at September Term, 1891, of this Court, and was reported in 109 N. 0., page 165, where the facts arc fully stated. Under leave granted, the plaintiffs, after entering a nol. pros, as to Hal. and Isabella Edwards, amended their complaint b}T alleging that the decedent, their father, whose land was sold, and which they seek to recover, was indebted,…
1Opinion of the Court
Avery, J.:
When this case was brought before us upon appeal from the rulings of the Court in the course of a trial (109 N. C., 165) it was held that the action in the then existing state of the pleadings could not be maintained by the other plaintiffs, but that as Isabella Edwards and her husband, Hal. Edwards, were not concluded by the judgment in the special proceeding, she was entitled to bo let into possession as a tenant in common, if it should be found that she was an heir at law of Mangum Barnett, as was alleged on the one side and denied on the other, and had not aliened her interest.…
2Cases cited8 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- England v. . GarnerSupreme Court of North Carolina · 1884
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Ward v. . LowndesSupreme Court of North Carolina · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Card v. Finch.Supreme Court of North Carolina · 1906
- Powell v. . TurpinSupreme Court of North Carolina · 1944
- Graham v. . FloydSupreme Court of North Carolina · 1938
- Graham v. FloydSupreme Court of North Carolina · 1938
- Johnson v. . WhildenSupreme Court of North Carolina · 1916
5 more not listed; retrieve them via the Exa API.