Currie v. . Clark
Supreme Court of North Carolina
Civil action, heard upon exceptions to report by Gilmer, J., at December Term, 1886, of Moore Superior Court. This action was brought to recover possession of the land described in the complaint The plaintiff’s title to this land, was derived from a sale thereof, under executions issued against the defendants, made on the 7th day of Auguát, 1879, and the deed of the Sheriff therefor, executed on the next day.
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Civil action, heard upon exceptions to report by Gilmer, J., at December Term, 1886, of Moore Superior Court. This action was brought to recover possession of the land described in the complaint The plaintiff’s title to this land, was derived from a sale thereof, under executions issued against the defendants, made on the 7th day of Auguát, 1879, and the deed of the Sheriff therefor, executed on the next day. The answer of the defendants denied the material allegations of the complaint, except that it admitted the possession of the land. It alleged, as a defence, that the sale was brought…
1Opinion of the Court
Merrimon, J.,
(after stating the case.) The plaintiff alleged in his complaint a cause of action at law, and the defendants in their answer alleged a defénee equitable in its nature, and asked for equitable relief, as they might do under the prevailing system of civil procedure, and such relief was granted; but the Court went further, and required the defendants to pay the plaintiff’s judgments mentioned, .which constituted successive liens upon the land, or if they failed to do so within a time specified, if directed that the land be sold and the proceeds of the sale be applied to the…
2Cases cited2 opinions
- Currie v. . ClarkSupreme Court of North Carolina · 1884
- Vestal v. . SloanSupreme Court of North Carolina · 1880
3Cited by2 opinions
- Hinton v. . PritchardSupreme Court of North Carolina · 1890
- Patterson v. Ramsey.Supreme Court of North Carolina · 1904