McClennan v. . McLeod
Supreme Court of North Carolina
This was an action of Ejectment instituted prior to the adoption of the C. C. P., and tried before Buxton, J., at Spring Term, 1876, of the Superior Court of Montgomeey County. The record is voluminous, the declaration containing many counts, and a great deal of evidence was introduced. The facts necessary to an understanding of the case as decided are stated in the opinion of the Court. There was a verdict and judgment in favor of the plaintiff, and the defendant appealed.
1Opinion of the CourtBynum, J.
All the other counts have been abandoned! except the count upon the demise of Farquhar Martin, and. by a former decision of this Court that demise has been-held to be sufficient to maintain this action. 70 N. C. Rep., 364. The lessor was a purchaser at sheriff's sale under a fi. fa. against the defendant. The defendant was living on the land at the time of the sale‘and at the beginning of. this action, and is still living on it. The defendant cannot defend, as he attempts to do, by setting up title in third persons. After entering a defence to the action, he-cannot be permitted to allege that…
2Cases cited1 opinion
- Doe Ex Dem McLennan v. McLeodSupreme Court of North Carolina · 1874