Little v. . King
Supreme Court of North Carolina
Injunction, before Logan, J"., upon a motion to dissolve at January.Special Term 1870, of Mecklenbueg Court. The bill was filed in equity, Spring Term 1868, to restrain the defendants from taking possession under a writ of possession in an action of ejectment, (see King v. Little, Phil. 484,) and, as will be seen from the Opinion, the plaintiff set up in equity, grounds for relief, similar to those on which he had before relied as a defence at law.
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Injunction, before Logan, J"., upon a motion to dissolve at January.Special Term 1870, of Mecklenbueg Court. The bill was filed in equity, Spring Term 1868, to restrain the defendants from taking possession under a writ of possession in an action of ejectment, (see King v. Little, Phil. 484,) and, as will be seen from the Opinion, the plaintiff set up in equity, grounds for relief, similar to those on which he had before relied as a defence at law. The decision turns mainly upon the facts as found by the Court, and these are sufficiently given in the Opinion. The Judge below dissolved the…
1Opinion of the CourtDick, J.
The defendants, with the exception of Williams,, are the heirs at law, of Mrs. Cynthia D. King, and as such,, have the legal title to the land in controversy.
“ The deed of July 1859, to Mrs. King, professes to convey, and does convey the title which Williams then had to the land. The memorandum was only explanatory:” King Little, Phil. 384.
It is well settled, that Courts of Equity will assume jurisdiction to grant relief against contracts executed under mistake, or in ignorance of material facts; but in cases where a party seeks to change or avoid his deed, on the ground of mistake or…
2Cases cited1 opinion
- Doe on Dem. of King v. LittleSupreme Court of North Carolina · 1868
3Cited by3 opinions
- Gudger v. White.Supreme Court of North Carolina · 1906
- Johnston v. Case.Supreme Court of North Carolina · 1903
- King v. . LittleSupreme Court of North Carolina · 1877