Wittkowski v. . Watkins
Supreme Court of North Carolina
Civil ActioN to recover land tried at Fall Term, 1880, of Anson Superior Court, before Avery, J. This was an action for the recovery of the possession of a tract of land, and to show title in themselves the plaintiffs alleged in their complaint, and proved on the trial, that on the 18th of December, 1872, Joseph W. Pond and his wife, the defendant Ellen C. Pond, conveyed the land to plaintiffs by mortgage in which there was a power of sale; and under which they sold the…
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Civil ActioN to recover land tried at Fall Term, 1880, of Anson Superior Court, before Avery, J. This was an action for the recovery of the possession of a tract of land, and to show title in themselves the plaintiffs alleged in their complaint, and proved on the trial, that on the 18th of December, 1872, Joseph W. Pond and his wife, the defendant Ellen C. Pond, conveyed the land to plaintiffs by mortgage in which there was a power of sale; and under which they sold the lands on the 27th of September, 1873, when one W. R. Jones became the purchaser, to whom a deed was made; and who reconveyed…
1Opinion of the CourtRuffin, J.
The position taken for the plaintiffs, in regard to the point of evidence raised cn the trial, cannot be questioned. They were so clearly entitled to recover the possession of the land in dispute, upon the strength of their legal title as mortgagees, even, if their sale to Jones and his recon-veyance to them should be held to be invalid, as to make it perfectly useless to inquire into that matter. That may become of interest to the parties at some future day, but could not possiby affect the issues involved in the present action, and therefore was correctly excluded upon the. ground of its…
2Cited by11 opinions
- Bruner v. . ThreadgillSupreme Court of North Carolina · 1883
- Gregg v. WilliamsonSupreme Court of North Carolina · 1957
- Turnage v. . JoynerSupreme Court of North Carolina · 1907
- McFarland v. . CornwellSupreme Court of North Carolina · 1909
- Lowdermilk v. . ButlerSupreme Court of North Carolina · 1921
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