Johnson v. . McArthur
Supreme Court of North Carolina
INJUNCTION, ordered by Bussell, J., at Spring Term 1870, -of Eobeson Court. The prayer for judgment in the action to which the order was incidental, was, that a certain deed should he surrendered for cancellation; the order on motion of the plaintiff,, was, that two suits, one of trespass, and one of ejectment, brought by the present defendant against the present plaintiff, and still pending, — being suits based upon a title created by such deed, should be stayed.
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INJUNCTION, ordered by Bussell, J., at Spring Term 1870, -of Eobeson Court. The prayer for judgment in the action to which the order was incidental, was, that a certain deed should he surrendered for cancellation; the order on motion of the plaintiff,, was, that two suits, one of trespass, and one of ejectment, brought by the present defendant against the present plaintiff, and still pending, — being suits based upon a title created by such deed, should be stayed. Erom this order, the defendant appealed. The facts are stated in the Opinion.
1Opinion of the CourtDick, J.
The plaintiff alleges that he is seized and possessed of the land in question, under a deed from John L. McArthur, founded upon a bona fide and valuable consideration. The defendant also claims title from John L. Mc-Arthur, under a deed executed to Angus L. McArthur, which is prior in date to the deed of the plaintiff. Before the adoption of the Code of Civil Procedure, the defendant commenced an action of trespass, Q. C. E., and also an action of ejectment, to recover damages, and obtain possession of said land. The action of trespass, has been before this Court, and the title of the…
2Cited by1 opinion
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