McPeters v. English.
Supreme Court of North Carolina
ActioN by W. W. McPeters and others against O. H. English and others, heard by Judge T. A. McNeill and a jury, at the October Term, 1905, of the Superior Court of Madison. This was an action for the recovery of a tract of land described in the complaint, defendants denying plaintiffs’ title. The cause went to trial upon the usual issues.
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ActioN by W. W. McPeters and others against O. H. English and others, heard by Judge T. A. McNeill and a jury, at the October Term, 1905, of the Superior Court of Madison. This was an action for the recovery of a tract of land described in the complaint, defendants denying plaintiffs’ title. The cause went to trial upon the usual issues. It appeared that the locus in quo was originally the property of one Abner Holcombe, Sr., and that he, on the 22nd day of January, 1872, executed a bond to Charles McPeters, the ancestor of the plaintiffs, whereby he obligated himself upon the payment of $200…
1Opinion of the Court
Connor, J.,
after stating tbe facts: In the well prepared briefs of counsel for both parties, while it is conceded that there is but one exception, quite a number of points are discussed. We notice them only because we think there is some misapprehension of the real question involved. There can be no controversy that the justice had jurisdiction to render judgment for the balance due on the note for the purchase money of the land. This is clearly held in Patterson v. Freeman, 132 N. C., 357, and upon this judgment execution coxild issue against any property of the defendant other than the land…
2Cases cited6 opinions
- Tally v. . Reid and SossamerSupreme Court of North Carolina · 1875
- Mayo v. StatonSupreme Court of North Carolina · 1905
- Camp v. . CoxeSupreme Court of North Carolina · 1834
- Myrover v. . French .Supreme Court of North Carolina · 1875
- Patterson v. Freeman.Supreme Court of North Carolina · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mayo v. . StatonSupreme Court of North Carolina · 1905
- Parker v. . HortonSupreme Court of North Carolina · 1918