Johnson v. Johnson.
Supreme Court of North Carolina
ActioN by Adella V. Johnson against W. Mangum Johnson, heard by Judge Fred. Moore at the May Term, 1906, of the Superior Court of Chatham. This was a motion by the plaintiff to set aside a decree invalidating her marriage to the defendant. At the same time, J. A. Dark (the appellant) made application to be allowed to intervene and oppose said motion.
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ActioN by Adella V. Johnson against W. Mangum Johnson, heard by Judge Fred. Moore at the May Term, 1906, of the Superior Court of Chatham. This was a motion by the plaintiff to set aside a decree invalidating her marriage to the defendant. At the same time, J. A. Dark (the appellant) made application to be allowed to intervene and oppose said motion. The motion and application were heard by Judge Moore, who denied the application of Dark and granted the plaintiff's notion, from which judgment the said Dark appealed, and assigns as error, first, that the Court erred in refusing the said…
1Opinion of the CourtBeowN, J.
The petitioner, Dark, bases his right to intervene upon the ground that “the' affiant is the owner of certain real property, which is a part of the property described in the complaint in this action,- having paid a full and fair price for the same and taken a deed therefor from IT. A. London, W. D. Siler, and R. TL Hayes, who, as he is informed and believes, had purchased the same from the plaintiff, and that as such owner he desires to interplead in this cause and set up his rights.” His Honor denied Dark’s application to intervene on the hearing of the plaintiff’s motion, and then adjudged…
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