Coor v. . Smith
Supreme Court of North Carolina
This was a motion of the defendant, founded on his affidavit, to set aside and annul an order for a writ of Assistance, made and rendered in this action at January Term, 1890, of WayNE Superior Court, on motion of plaintiffs, the object of defendant’s motion being the restitution of the land of which he had been deprived under said writ. The motion was heard before MacRae, J., at March Term, 1890, of same Court.
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This was a motion of the defendant, founded on his affidavit, to set aside and annul an order for a writ of Assistance, made and rendered in this action at January Term, 1890, of WayNE Superior Court, on motion of plaintiffs, the object of defendant’s motion being the restitution of the land of which he had been deprived under said writ. The motion was heard before MacRae, J., at March Term, 1890, of same Court. Upon the hearing, the Court found the facts and made an order refusing defendant’s motion, to annul and restore possession. To the order of refusal the defendant excepted, and alleged…
1Opinion of the Court
Clark, J.:
In Knight v. Houghtalling, 94 N. C., 408, it is held that- a writ of Assistance is never issued except “ upon notice to the person in possession,” and upon proof of a demand and refusal of possession, and that a presentation of the deed to the party is usually necessary, but is dispensed with when he is aware of it already.
It is found as a fact in the present case that there was a demand under the deed and a refusal of possession, also, that, though there was no notice of the motion served, the motion was made at the same term of the Court at which final judgment was rendered in the…
2Cases cited8 opinions
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- Branch v. . WalkerSupreme Court of North Carolina · 1885
- Knight v. . HoughtallingSupreme Court of North Carolina · 1886
- Allison v. . WhittierSupreme Court of North Carolina · 1888
- Hemphill v. MooreSupreme Court of North Carolina · 1889
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3Cited by21 opinions
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- Ferrell v. . HalesSupreme Court of North Carolina · 1896
- Henderson v. HendersonSupreme Court of North Carolina · 1950
- Exum v. . BakerSupreme Court of North Carolina · 1894
- Jones v. . JonesSupreme Court of North Carolina · 1917
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