Ferguson v. . Wright
Supreme Court of North Carolina
This was a motion by Iowa George and others for an order to stay a writ of possession, upon petition and affidavit, made after the judgment of the Supreme Court in the original action reported in 113 N. C., 537. The motion was .refused, and petitioners appealed. The salient facts appear in the opinion of Associate Justice Clark.
1Opinion of the Court
Clark, J.:
It is the duty of the plaintiff .who recovers judgment for possession, to point out at his peril the land which he has recovered. Johnson v. Nevill, 65 N. C., 677; Davis v. Higgins, 87 N. C., 298. The defendants in this action have not objected to the description of the land as set out in the complaint, which, in fact, would seem really sufficient, to wit: “ Lying on the waters of Peachtree creek, in Cherokee County, and more particularly described as follows : Part of No. 39, district No. 1; part of tract No. 41, in district No. 1, and part of tract No. 33, in district No. 1, being…
2Cases cited4 opinions
- Springs v. SchenckSupreme Court of North Carolina · 1888
- Davis v. . HigginsSupreme Court of North Carolina · 1882
- Johnson v. . NevillSupreme Court of North Carolina · 1871
- Judge v. . HoustonSupreme Court of North Carolina · 1851