Hassell v. . Walker
Supreme Court of North Carolina
AotioN of ejeCtment, tried before Dice, Judge, at the last Spring Term of Tyrrel Superior Court. S. S. Simmons, in whose name there was a count in the •declaration, appeared in open Court, and through the defendant’s counsel, requested tire Court to have the count in his name stricken out, which motion was refused, and the defendant excepted. . The lessors of the plaintiff produced in evidence a deed from S. S. Simmons to the defendant, and a deed from the defendant to him…
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AotioN of ejeCtment, tried before Dice, Judge, at the last Spring Term of Tyrrel Superior Court. S. S. Simmons, in whose name there was a count in the •declaration, appeared in open Court, and through the defendant’s counsel, requested tire Court to have the count in his name stricken out, which motion was refused, and the defendant excepted. . The lessors of the plaintiff produced in evidence a deed from S. S. Simmons to the defendant, and a deed from the defendant to him for the land in controversy ; also a deed for the same from the said S. S. Simmons to the lessor Hassell» The defendant…
1Opinion of the CourtBattle, J.
The right of a purchaser to Use the name of his bargainor in an action of ejectment is settled; Posten v. Henry, 12 Ire. Rep. 340. This being so, the defendant has no just cause of complaint, that the Court, at the instance of the bargainor, refused to permit the count on his demise to be stricken out. If such refusal was error at all, it was an error of which the bargainor only had the right to complain. It would seem from the case of Scott v. Sears, 9 Ire. Rep. 87, that he did have such right upon paying his part of the cost incurred up to the time of the motion, but we are satisfied that…
2Cited by2 opinions
- Weeks v. Wilkins.Supreme Court of North Carolina · 1905
- James v. . GriffinSupreme Court of North Carolina · 1926