Doe ex dem. Simmons v. Hassell
Supreme Court of North Carolina
Civil action, in the nature of an ejectment, commenced at Spring Term, 1863, of Tyrrell Superior Court, and continued regularly until it was removed to the docket of the present Superior Court, at the Spring Term, 1872 of which it was tried by Watts, J. The question determining the case, and upon which its decision turned in the Superior and in this Court, was as to the validity of a certain deed, a necessary link in the defendants’ title, made by a former Clerk and Master…
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Civil action, in the nature of an ejectment, commenced at Spring Term, 1863, of Tyrrell Superior Court, and continued regularly until it was removed to the docket of the present Superior Court, at the Spring Term, 1872 of which it was tried by Watts, J. The question determining the case, and upon which its decision turned in the Superior and in this Court, was as to the validity of a certain deed, a necessary link in the defendants’ title, made by a former Clerk and Master in Equity of Tyrrell county, to T. L. Hassell, the defendant, who had been by a decree of the Court subrogated to the…
1Opinion of the CourtBoyden, J.
His Honor was mistaken in holding that the sale of the Clerk and Master could be attacked in this collateral way. This is an action of ejectment under our old system, brought to try the legal title and not any equitable claims to the premises.
The deed of the Clerk and Master passed the legal title to the purchaser, and this title can only be attacked by some proceeding in the nature of a bill in Equity, and not by an action of ejectment. This puts the plaintiff out of Court. This question is so fully discussed, in the case of Doe on demise of Beard and others v. Jack Hall, by his Honor, the…
Also in this document: Per curiam.
2Cited by5 opinions
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