Cowles v. . Hardin
Supreme Court of North Carolina
Civil Action to recover Land tried at Spring Term, 1878, •of Watauga Superior Court, before Cannon, J. This proceeding is instituted under the act of December 18th, 1873, entitled “An act to restore the records of Wa-tauga county” Acts of 1873-’74 ch. 19. The summons was served upon the defendants H. W. Hardin and Robert Munday only, at Spring Term 1877, to which the process was returnable.
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Civil Action to recover Land tried at Spring Term, 1878, •of Watauga Superior Court, before Cannon, J. This proceeding is instituted under the act of December 18th, 1873, entitled “An act to restore the records of Wa-tauga county” Acts of 1873-’74 ch. 19. The summons was served upon the defendants H. W. Hardin and Robert Munday only, at Spring Term 1877, to which the process was returnable. The plaintiff filed his complaint and therein alleged :— 1. That in 1857 John Horton recovered judgment in "Watauga County Court against John and Eranklin Cousin, sued out execution under which a tract of…
1Opinion of the CourtSmith, C. J.
(After stating the case as above.) It may be that the persons whose lands are alleged to have been sold under the executions and the title to which this proceeding is intended to perfect, ought to be parties, as “ being interested in the subject matter,” in the words and within the meaning of the act, and we are disposed to think they should be. The complaint seems also obnoxious to the objection of duplicity, in associating distinct and independent causes of action in which there must be defendants having no community of interest. N. C. Land Co. v. Beatty, 69 N. C. 329. But the exception is…
2Cases cited3 opinions
- N.C. Land Co. v. . Beatty and AnotherSupreme Court of North Carolina · 1873
- Benedict, Hall Co. v. . HallSupreme Court of North Carolina · 1877
- Paige v. H. Price & Co.Supreme Court of North Carolina · 1878
3Cited by6 opinions
- In re FarthingDistrict Court, E.D. North Carolina · 1913
- McNair v. . YarboroSupreme Court of North Carolina · 1923
- Calaway v. . HarrisSupreme Court of North Carolina · 1948
- Hodges v. . HodgesSupreme Court of North Carolina · 1946
- Jones v. Ballou.Supreme Court of North Carolina · 1905
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