Cawfield v. Owens.
Supreme Court of North Carolina
ActioN by Sarah Cawfield against Amos Owens, beard by Judge M. H. Justice and a jury, at September Term, 1901, of tbe Superior Court of RutiieRfoed County. Tbe plaintiff, Sarab Cawfield, commenced tbis action on tbe lltb day of May, 1893, to recover possession of two certain tracts of land described in tbe complaint, one known as tbe “Covington tract” and tbe other known as tbe “DePriest land.”
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ActioN by Sarah Cawfield against Amos Owens, beard by Judge M. H. Justice and a jury, at September Term, 1901, of tbe Superior Court of RutiieRfoed County. Tbe plaintiff, Sarab Cawfield, commenced tbis action on tbe lltb day of May, 1893, to recover possession of two certain tracts of land described in tbe complaint, one known as tbe “Covington tract” and tbe other known as tbe “DePriest land.” Her claim to tbe land is founded on a deed executed to ber by Matt McBrayer, mortgagee, tbe mortgage having been executed on tbe 10th of November, 1887, by Amos Owens, the owner of tbe land, bis wife,…
1Opinion of the Court
Montgomery, J.,
after a statement of the facts. Was it necessary for the defendant in her answer to have specially pleaded her claim in the land as her homestead interest ? If so, the evidence offered and received was- irrelevant and incompetent. The rule under The Code pleading (similar to that under the old proceedings in ejectment) permits under the general issue — general denial — proof that a deed intro duced as evidence of title was executed by a grantor wanting in capacity, and, therefore, for that reason, void. Mobley v. Griffin, 104 N. C., 112. But the plaintiff insists that there is…
2Cases cited5 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Mayho and Parker v. . CottonSupreme Court of North Carolina · 1873
- Thomas v. FulfordSupreme Court of North Carolina · 1895
- Marshburn v. . LashlieSupreme Court of North Carolina · 1898
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