Hardin v. . Ray
Supreme Court of North Carolina
Civil ACTION, to recover land, tried before MaeJdae, Judge, on exceptions to the report of a referee, at Spring Term, 1885, of the Superior Court of Ashe county. This was a civil action to recover land brought by the plaintiff J. M. Hardin, against the defendant, to recover the land described in the complaint. It was stated in the judgment of the Court below, that it was admitted that R. T. Hardin had been made a party plaintiff.
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Civil ACTION, to recover land, tried before MaeJdae, Judge, on exceptions to the report of a referee, at Spring Term, 1885, of the Superior Court of Ashe county. This was a civil action to recover land brought by the plaintiff J. M. Hardin, against the defendant, to recover the land described in the complaint. It was stated in the judgment of the Court below, that it was admitted that R. T. Hardin had been made a party plaintiff. The complaint was in the usual form of an action to recover land, alleging title in the plaintiff and the withholding the possession by the defendant. The defendant…
1Opinion of the CourtAshe, J.
(after stating the facts). The pleadings, and the entire proceedings in this case, are such a departure from the regular and orderly practice of our courts, that we feel some hesitancy in going into a consideration of the case.
But as there is enough appearing from the confused and imperfect statement of facts, to enable us to reach the justice and equity of the case, we have concluded to pass these imperfections by, and decide this case upon its merits, so far as they can be ascertained.
According to the plaintiff’s own showing, and the finding of the referee, J. M. Hardin, the original…
2Cases cited1 opinion
- O. Sprinkle v. . Julius MartinSupreme Court of North Carolina · 1872
3Cited by5 opinions
- Mayo v. StatonSupreme Court of North Carolina · 1905
- Dixon v. . R. R.Supreme Court of North Carolina · 1876
- In re DunavantDistrict Court, W.D. North Carolina · 1899
- J. F. White Co. v. CarrollSupreme Court of North Carolina · 1907
- Mayo v. . StatonSupreme Court of North Carolina · 1905