Den on Demise of Wise v. Wheeler
Supreme Court of North Carolina
.Appeal from tlie Superior Court of Law of Hertford County, at t!be Fall Term, 1845, his Honor Judge Manly presiding. This is an action of ejectment, to recover the premises mentioned in the declaration. The notice was duly served on Samuel J. Wheeler, the tenant in possession, who failed to appear. At ilxe term of the County Court, to which the declaration was retoñecí, John II. Wheeler was, by an order of the Court, made defendant, and entered into the common rule.
Read the full summary
.Appeal from tlie Superior Court of Law of Hertford County, at t!be Fall Term, 1845, his Honor Judge Manly presiding. This is an action of ejectment, to recover the premises mentioned in the declaration. The notice was duly served on Samuel J. Wheeler, the tenant in possession, who failed to appear. At ilxe term of the County Court, to which the declaration was retoñecí, John II. Wheeler was, by an order of the Court, made defendant, and entered into the common rule. On the trial of the case, the plaintiff, to establish his title, shewed in evidence several judgments and executions against…
1Opinion of the CourtNash, J.
We concur with his Honor in the opinions •expressed, and in the charge given. The latter might have been, and doubtless was, more at large and explicit than contained in the case, but it is sufficient to satisfy us, the law has been correctly administered.
The declarations of Samuel J. Wheeler were properly, rejected, and for the reason assigued by his Honor,'he was no party to the record. He was the tenant in possession, and the notice had been served upon him. There was, however, no obligation upon him to defend the suit.It was at his pleasure to do so or not. Upon Ins declining to be made…
2Cited by5 opinions
- Broadhurst v. . MewbornSupreme Court of North Carolina · 1916
- Tadlock v. . MizellSupreme Court of North Carolina · 1928
- Lee v. . FlannaganSupreme Court of North Carolina · 1847
- Raleigh Storage Co. v. BunnSupreme Court of North Carolina · 1926
- Belfour and Henly Heirs v. . Davis and NixonSupreme Court of North Carolina · 1838