Stafford v. . Gallops
Supreme Court of North Carolina
Civil action for trespass, involving title, tried before Timberlake, J., at July Special Term,[1898, of Pasquo-tank County. The plaintiff in deducing his title introduced a deed of trust from H. 0. Harris and wife to John A. Harris, trustee, who died before making sale of the land. Plaintiff then offered in evidence the Record of Proceeding of the Superior Court purporting to appoint F. Vaughan, trustee, in place of John A. Harris, deceased.
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Civil action for trespass, involving title, tried before Timberlake, J., at July Special Term,[1898, of Pasquo-tank County. The plaintiff in deducing his title introduced a deed of trust from H. 0. Harris and wife to John A. Harris, trustee, who died before making sale of the land. Plaintiff then offered in evidence the Record of Proceeding of the Superior Court purporting to appoint F. Vaughan, trustee, in place of John A. Harris, deceased. The Clerk had issued a summons on December 8, 1891, notifying the trustors and Sarah E. Harris, cestui que trust, to appear before him on December 19,…
1Opinion of the Court
Faircloth, C. J.:
Action for trespass by cutting wood, etc., involving title to the locus in quo. The plaintiff in deducing his title offered in evidence a certain record and judgment, presently referred to which was excluded by his Honor, and the plaintiff took a non-suit and appealed. The - competency of said judgment is the only question we have to consider, and that raises the question whether the judgment was void, or irregular and voidable only.
In 1887, EL C. Harris and wife, Laura T., executed their promissory notes payable to Sarah E. Harris and conveyed the land to John A. Harris in…
2Cases cited8 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Ballinger v. TarbellSupreme Court of Iowa · 1864
- Condry v. . CheshireSupreme Court of North Carolina · 1883
- McKee v. . AngelSupreme Court of North Carolina · 1884
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3Cited by30 opinions
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