Murray v. . Southerland
Supreme Court of North Carolina
Civil ActioN to recover laud, tried before Bryan, J., at September Tterm, 1899, of PeNdeb Superior Court, and beard upon tbe pleadings, a jury trial having been waived, except as to damages in case tbe Court should bold that plaintiff is entitled to recover. Tbe pleadings are substantially stated in the opinion. His Honor adjudged that the plaintiff take nothing by his action, and that the defendants go without day and recover of plaintiff costs of suit.
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Civil ActioN to recover laud, tried before Bryan, J., at September Tterm, 1899, of PeNdeb Superior Court, and beard upon tbe pleadings, a jury trial having been waived, except as to damages in case tbe Court should bold that plaintiff is entitled to recover. Tbe pleadings are substantially stated in the opinion. His Honor adjudged that the plaintiff take nothing by his action, and that the defendants go without day and recover of plaintiff costs of suit. Plaintiff excepted to the judgment, and appealed to the Supreme Court.
1Opinion of the CourtClare, J.
This is an action by the heirs at law of J ames W. Murray to recover the real estate of which he died seized and possessed. The defendants answer that the land was sold under proceedings to make assets to pay debts, sale confirmed, purchase-money paid, and deed made to purchaser from whom by mesne conveyances title has passed to these defendants. The plaintiff replies, admitting these allegations, but says he is informed and believes that the proceedings set out “were the result of a conspiracy participated in by said administrator and others to defraud plaintiff, who was then a minor of…
2Cases cited11 opinions
- England v. . GarnerSupreme Court of North Carolina · 1884
- Thornton v. . BradySupreme Court of North Carolina · 1888
- Sumner v. . SessomsSupreme Court of North Carolina · 1886
- Harrison v. . HargroveSupreme Court of North Carolina · 1897
- Allen v. . SalingerSupreme Court of North Carolina · 1889
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3Cited by5 opinions
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
- Griffith v. . RichmondSupreme Court of North Carolina · 1900
- Harkness v. Village of McCammonIdaho Supreme Court · 1931
- Erickson v. StarlingSupreme Court of North Carolina · 1952