Harkey v. . Houston
Supreme Court of North Carolina
This was a civil action, brought by tbe plaintiff to recover tbe possession of a certain tract of land from W. P. and J. A. Houston, as tbe tenants in possession.
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This was a civil action, brought by tbe plaintiff to recover tbe possession of a certain tract of land from W. P. and J. A. Houston, as tbe tenants in possession. E. A. Elow was afterwards made a defendant as tbe landlord, but being unable to give bond and security for tbe damages and costs,, made an affidavit of that fact, and filed a certificate of an attorney practising in tbe Court, iu tbe following words: “ I have examined tbe above case, and am of opinion that the-defendants have a good defence to tbe action.” Tbe other defendants gave no bond, and failed to file an affidavit and…
1Opinion of the CourtRodman, J.
The fictitious proceedings by which a 'claimant to the possession of land was formerly in the habit •of asserting his claim, have often been the subject of ridicule or reproach by those who either did not understand, or would not appreciate, the reasons upon which they were ■founded. The forms in the now abolished action of ejectment, are yet too-familiar to the profession to need to be recited, except in the briefest manner, in order to show the ■purposes which they had in view, and the difficulties they were designed to avoid. The claimant made a fictitious lease to John Doe, who was…
2Cited by6 opinions
- Collingwood v. . BrownSupreme Court of North Carolina · 1890
- Hood v. . SudderthSupreme Court of North Carolina · 1892
- Alford v. . McCormacSupreme Court of North Carolina · 1884
- Brittain v. . DanielsSupreme Court of North Carolina · 1886
- Johnson v. . PateSupreme Court of North Carolina · 1884
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