Lyerly v. . Wheeler
Supreme Court of North Carolina
.This was an appeal from an interlocutory order of his Honor Judge Caldwell, dissolving the plaintiff’s injunction, at Rowan Court of Equity, Spring Term, 1853. In March, 1843, the plaintiff filed a bill against the defendant Wheeler, and at June Term of the Supreme Court, 1848, he obtained a decree for a large sum ■, upon which execution issued, and the house and lot.mentioncd in tire pleadings was sold, and purchased by the plaintiff1, who commenced an action of ejectment…
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.This was an appeal from an interlocutory order of his Honor Judge Caldwell, dissolving the plaintiff’s injunction, at Rowan Court of Equity, Spring Term, 1853. In March, 1843, the plaintiff filed a bill against the defendant Wheeler, and at June Term of the Supreme Court, 1848, he obtained a decree for a large sum ■, upon which execution issued, and the house and lot.mentioncd in tire pleadings was sold, and purchased by the plaintiff1, who commenced an action of ejectment against Wheeler, took judgment, and sued out a writ of possession ; whereupon Wheeler enjoined the execution of the writ…
1Opinion of the CourtPuarson, J.
We might content ourselves with affirming the order dissolving the injunction on. the ground that the allegations of the bill are fully answered ; but that might tempt the plaintiff to proceed with his bill, in the hope of being able to disprove the answers, and thus costs would be incurred unnecessarily ; for which reason we think it best to put our decision on the ground that, according to the plaintiff’s own allegations, he does not entitle himself to the interference of a Court of Equity.
A general charge of combination, collusion and fraud, no matter how often intimated, does not give a…
2Cited by6 opinions
- Jackson v. . JerniganSupreme Court of North Carolina · 1939
- Lumber Co. v. Cedar Co.Supreme Court of North Carolina · 1906
- Newton v. BrownSupreme Court of North Carolina · 1904
- Kinsland v. . KinslandSupreme Court of North Carolina · 1924
- Lumber Company v. . Cedar CompanySupreme Court of North Carolina · 1906
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