Williams v. Hutton & Bourbonnais Co.
Supreme Court of North Carolina
Appeal by defendants from Lyon, J., at February Term, 1913, of McDowell. This is an action to remove a cloud from the title to land, described in the .complaint, in which Richard Williams is plaintiff and the Hutton-Bourbonnais Company and fifteen others, including A. G. Olmstead, M. E. Olmstead, and F. L. Bartlett, are defendants.
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Appeal by defendants from Lyon, J., at February Term, 1913, of McDowell. This is an action to remove a cloud from the title to land, described in the .complaint, in which Richard Williams is plaintiff and the Hutton-Bourbonnais Company and fifteen others, including A. G. Olmstead, M. E. Olmstead, and F. L. Bartlett, are defendants. The action was commenced in Burke County, and was removed to McDowell County for trial. ' After the complaint and answers were filed and issues joined, the defendant filed the following plea, which was duly verified: .“The defendants filing this special plea, since…
1Opinion of the CourtAlleN, J.
Tbe appeal in this case is tbe result of a misconception of tbe nature of tbe pleadings filed by tbe defendants.
Under tbe common law, defenses arising after tbe commencement of tbe action could not avail tbe defendants for tbe purj pose of adjudging tbe rights of tbe parties, and were only effective to dismiss tbe action then pending. If they arose after tbe. commencement of tbe action and before tbe defendant filed bis plea, be could take advantage of them in tbe plea, and after plea filed by a plea puis darrein continuance.
Tbe pleas bad to be under oath, and if since tbe last, continuance,…
2Cases cited7 opinions
- Blackwell v. Dibbrell Bros. & Co.Supreme Court of North Carolina · 1889
- Allen v. NewberrySupreme Court of Iowa · 1859
- McLamb v. . McPhailSupreme Court of North Carolina · 1900
- Harrison v. . HoffSupreme Court of North Carolina · 1889
- Smith v. Bruton.Supreme Court of North Carolina · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Reid v. HoldenSupreme Court of North Carolina · 1955
- Board of Drainage Com'rs of Pender County Drainage Dist. No. 4 v. Lafayette Southside Bank of St. LouisCourt of Appeals for the Fourth Circuit · 1928
- F. E. Lykes & Co. v. GroveSupreme Court of North Carolina · 1931
- Dixon v. GreenSupreme Court of North Carolina · 1919
7 more not listed; retrieve them via the Exa API.