Fitzgerald v. . Shelton
Supreme Court of North Carolina
(Tvri, ACTION, tried at July (special) Term, 1885, of Haywood Superior Court, before Graves, Judge. The plaintiffs, the heirs at law of J. A. B. Fitzgerald, bring this action to recover the land described in the complaint. They simply allege title thereto in themselves, that the defendant is in possession thereof, and unlawfully withholds the same from them.
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(Tvri, ACTION, tried at July (special) Term, 1885, of Haywood Superior Court, before Graves, Judge. The plaintiffs, the heirs at law of J. A. B. Fitzgerald, bring this action to recover the land described in the complaint. They simply allege title thereto in themselves, that the defendant is in possession thereof, and unlawfully withholds the same from them. The defendant denies that the plaintiffs have such title, and that he unlawfully withholds possession of the land from them, and for further defence he alleges : “ I. That in the lifetime of plaintiff’s ancestor, J. A. B. Fitzgerald, he…
1Opinion of the Court
Mkrkimon, J.,
(after slating the case). The defendant did not plead a counter claim, and the new matter of defence alleged by him in his answer was properly taken as denied by the plaintiff. The Code, §268. They were to be treated bv the Court-and the defendant, as having denied that their ancestor liad executed such deed as that alleged in the answer, and the defendant had notice to be prepared to establish it against any attack that they could make upon it. The defendant might have moved that the plaintiff be required to make reply to the new matter alleged in the answer, as allowed by the…
2Cases cited1 opinion
- Jones v. . CohenSupreme Court of North Carolina · 1880
3Cited by17 opinions
- Helms v. . GreenSupreme Court of North Carolina · 1890
- Smith v. . RyanNew York Court of Appeals · 1908
- Toler v. . FrenchSupreme Court of North Carolina · 1938
- Ricks v. . BrooksSupreme Court of North Carolina · 1920
- Higgins v. . HigginsSupreme Court of North Carolina · 1937
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