Hemphill v. . Hemphill
Supreme Court of North Carolina
Evidence — Mistake—Correction of Deed — Trust—Trial—Lapse of Time — Possession. This was a civil action, tried before Montgomery, J., at August Term, 1887, of Bumcombe Superior Court.
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Evidence — Mistake—Correction of Deed — Trust—Trial—Lapse of Time — Possession. This was a civil action, tried before Montgomery, J., at August Term, 1887, of Bumcombe Superior Court. The plaintiff alleges in substance: , 1. That prior to April 14th, 1877, he was the owner in fee of the tract of land described in the complaint, containing about 725 acres, and of the value of $5,000 or $6,000. 2. That he had mortgaged a portion of said land, and there was a judgment against him as one of the sureties of J. M. Young, Sheriff, and under the mortgage and execution on the judgment, the land was…
1Opinion of the Court
Davis, J.,
(after stating the case). The Judge accompanies the case sent to this Court with the remark: “I have stated the evidence in full, at the request of the parties and because of the defendant’s motion for judgment non obstante ■veredicto,” and the learned counsel for the defendant say, with candor, that the request was made with the view and purpose to ask this Court to review the evidence and declare it insufficient to disturb the defendant’s deed, as they insist a Judge sitting as a chancellor would have done under the old practice.
We are referred by counsel to Ely v. Early, 94 N.…
2Cases cited8 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
- Smiley v. . PearceSupreme Court of North Carolina · 1887
- Mask v. . TillerSupreme Court of North Carolina · 1883
- Stith v. . McKeeSupreme Court of North Carolina · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Rankin v. OatesSupreme Court of North Carolina · 1922
- Harding v. . LongSupreme Court of North Carolina · 1889
- Rankin v. . OatesSupreme Court of North Carolina · 1922
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Lehew v. Hewett.Supreme Court of North Carolina · 1905
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