White v. . Fox
Supreme Court of North Carolina
Civil ActioN for a promissory note, tried before Allen, J., at Spring Term, 1899, of AlexaNdee, Superior Court. TTis Honor adjudged upon the pleadings and evidence that the plaintiffs could not recover. The plaintiffs excepted and appealed. The case is stated in the opinion.
1Opinion of the CourtMontgomery, J.
After tbe evidence was all in and the argument of counsel concluded, bis Honor intimated the opinion that, upon the complaint, it appeared that the action was for the note mentioned in the complaint, and not for damages to the freehold, and that the plaintiffs could not recover. The plaintiffs insisted, however, that the case should go to the jury, which being done, the Court instructed the jury to find in answer to the first issue, that the land was the property of the plaintiffs; in answer to the second issue, that Granville Eox and E. W. Rowe caused to be cut and severed from the land the…
2Cases cited5 opinions
- Ijames v. . GaitherSupreme Court of North Carolina · 1885
- Faulcon v. . JohnsonSupreme Court of North Carolina · 1889
- Robert Bros. v. HurdleSupreme Court of North Carolina · 1849
- Ray v. . GardnerSupreme Court of North Carolina · 1880
- Howland v. . ForlawSupreme Court of North Carolina · 1891
3Cited by1 opinion
- Rogers v. . StephensSupreme Court of North Carolina · 1929