Robinson v. . Willoughby
Supreme Court of North Carolina
Motion to amend complaint made and heard before Buxton, J., at Spring Term, 1872, of the Superior Court oí Union. The opinion of the Court contains a sufficient statement of the points involved. The defendant insisted that his Honor had no power to grant leave to amend; and that if leave were granted, terms must be imposed. His Honor allowed the motion without costs, and the defendant appealed.
1Opinion of the CourtHoyden, J.
This is the same case that was before the Court at June Term, 1871, 65, N. C. R. 520, in which it was decided that the deed from Christenbury, under whom both parties claimed title, was a mortgage, and not an absolute sale, as claimed by the plaintiff; and upon that ground, a new trial was granted. When the case came on for trial again, in the Court below, the plaintiff moved for leave to amend, by changing his action for the recovery of the land into one for the foreclosure of the mortgage. The motion was allowed, and the defendant appealed from this decision of his Honor, insisting that his…
2Cases cited2 opinions
- Robinson v. Willoughby.Supreme Court of North Carolina · 1871
- Bullard v. . JohnsonSupreme Court of North Carolina · 1871
3Cited by8 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Roush v. FortMontana Supreme Court · 1878
- Martin v. McNeelySupreme Court of North Carolina · 1888
- Edwards v. . TurnerSupreme Court of North Carolina · 1932
- Martin v. . McNeelySupreme Court of North Carolina · 1888
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