Brendle v. . Herren
Supreme Court of North Carolina
Motion in the cause, heard by Gilmer, Judge, at Spring Term, 1885, of Haywood Superior Court. In the progress of the cause, and after the admission of an interplea of T. D. Welch and some changes in the form of the action, at Fall Term, 1882, of the Superior Court of Haywood county, an issue in this form was submitted to and a response returned by the jury: What estate did the deed from T. D. Welch, dated October 1st, 1870, convey to Newton Brendle ? Absolute? Answer, yes;…
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Motion in the cause, heard by Gilmer, Judge, at Spring Term, 1885, of Haywood Superior Court. In the progress of the cause, and after the admission of an interplea of T. D. Welch and some changes in the form of the action, at Fall Term, 1882, of the Superior Court of Haywood county, an issue in this form was submitted to and a response returned by the jury: What estate did the deed from T. D. Welch, dated October 1st, 1870, convey to Newton Brendle ? Absolute? Answer, yes; not absolute. Thereupon it was adjudged by the Court: I. “ That the defendant A. L. Herren has a charge and lien upon the…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The application is not merely for rents accruing since the rendering upon its merits, but to change the judgment itself, and open up the general inquiry as to rents, including those with which the defendant is chargeable before. The appropriate time to institute the inquiry was after verdict and before judgment. The orderly and usual mode of proceeding, is to have all the facts ascertained, and before the Court where the action is to be disposed of, and the rights of the parties settled by the final adjudication. This was not done, but the rights of the…
2Cases cited2 opinions
- Brendle v. . HerrenSupreme Court of North Carolina · 1887
- Brendle v. . HerronSupreme Court of North Carolina · 1883
3Cited by4 opinions
- Collins v. SimmsSupreme Court of North Carolina · 1962
- Coburn v. Roanoke Land and Timber CorporationSupreme Court of North Carolina · 1963
- Tussey v. . OwenSupreme Court of North Carolina · 1908
- McCall v. . Webb &8212 No. 1Supreme Court of North Carolina · 1900