Legal Opinion · Dissent

Gorrell v. Alspaugh

Supreme Court of North Carolina

Decided February 15, 1897Published

Civil, actioN, tried before Hoke, J., and a jury, at January, 1897, Special Term of Foesyth Superior Court. The facts appear in the opinion. In deference to the opinion of his Honor, the plaintiffs submitted to non-suit and appealed.

1DissentFukohbs, J.

On the 16th of October, 1879, the defendant, Alspaugh, as administrator of Norwood, sold the real estate in controversy at the price of $235, at which sale the plaintiffs allege that one Tise bid off the property for the defendant. Alspaugh. This property was a vacant lot in the city of Winston at the time of the sale. And it is alleged and not denied that Alspaugh took charge *370of the property, claiming it as his own, and soon after the sale erected thereon a brick store house, and that he continued to use, rent and control the property as his own until the 8th day of January, 1894; that on…

2Cases cited8 opinions

  1. Shelton v. . SheltonSupreme Court of North Carolina · 1859
  2. Gulley v. . MacYSupreme Court of North Carolina · 1881
  3. Riggs v. . SwannSupreme Court of North Carolina · 1860
  4. Blevins v. . BarkerSupreme Court of North Carolina · 1876
  5. Bank of Greensboro v. . ClappSupreme Court of North Carolina · 1877

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