McLamb v. . McPhail
Supreme Court of North Carolina
Civil ActioN in the nature of ejectment, tried before Tim-berlahe, J., at May Term, 1899, of Sampson Superior Court. The plaintiffs claimed as ' heirs of Eelix Eleming, who shortly before his death conveyed by deed as life estate in the land to his wife, Ailey Eleming, in 1841. After his death his widow married Holly Tew, and lived on the land more than thirty years, and then conveyed ■ said land to the various defendants and those under whom they claim, who are now in…
Read the full summary
Civil ActioN in the nature of ejectment, tried before Tim-berlahe, J., at May Term, 1899, of Sampson Superior Court. The plaintiffs claimed as ' heirs of Eelix Eleming, who shortly before his death conveyed by deed as life estate in the land to his wife, Ailey Eleming, in 1841. After his death his widow married Holly Tew, and lived on the land more than thirty years, and then conveyed ■ said land to the various defendants and those under whom they claim, who are now in possession. That Ailey Tew, formerly Ailey Eleming, died in 1894, and the plaintiffs became entitled to the possession of…
1Opinion of the CourtClark, J.
The verification of the answer* filed on the 11th day of June, 1898, “The foregoing answer of the defendants is true of his own knowledge, except those matters stated on information and belief, and he believes these to be true,” is a substantia] compliance with sec. 258 of The Code. Cole v. Boyd, 125 N. C., 496; Payne v. Boyd, Ibid, 499; Phifer v. Insurance Company, 123 N. C., 410. That section says the verification must be “in effect” as therein prescribed, and the cases cited hold that a verbal and literal following of the formula prescribed is not necessary.
The plaintiffs bring this action…
2Cases cited8 opinions
- State v. FisherSupreme Court of North Carolina · 1986
- Fort v. . AllenSupreme Court of North Carolina · 1892
- Walker v. . LongSupreme Court of North Carolina · 1891
- Phifer v. Travellers Insurance Co.Supreme Court of North Carolina · 1898
- Powell v. . MoriseySupreme Court of North Carolina · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Finger v. . SmithSupreme Court of North Carolina · 1926
- F. E. Lykes & Co. v. GroveSupreme Court of North Carolina · 1931
- Lawrence v. HeavnerSupreme Court of North Carolina · 1950
- Matthews v. Shamrock Van Lines, Inc.Supreme Court of North Carolina · 1965
7 more not listed; retrieve them via the Exa API.