Legal Opinion

Jones v. . Schull

Supreme Court of North Carolina

Decided November 30, 1910PublishedCited by 10 opinions

Appeal from Weií, J., at tbe Spring Term, 1910, of Wa-tauga. Tbis action was brought to try tbe title to certain lands described in tbe complaint and in tbe possession of tbe defendants, Scbull and Qragg. During tbe trial a voluntary nonsuit was taken as to all tbe defendants except tbe two above mentioned.

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Appeal from Weií, J., at tbe Spring Term, 1910, of Wa-tauga. Tbis action was brought to try tbe title to certain lands described in tbe complaint and in tbe possession of tbe defendants, Scbull and Qragg. During tbe trial a voluntary nonsuit was taken as to all tbe defendants except tbe two above mentioned. Tbe plaintiffs, after making tbe usual allegations of title and right of possession in them as tbe heirs at law of W. C. Jones, whom it is alleged died in 1894 siesed and possessed of tbe land, further allege that tbe defendants claim title under a tax deed executed to them by tbe sheriff…

1Opinion of the CourtManning, J.

We tbink the ruling of bis Honor was erroneous. It was competent to sbow tbat the land in controversy bad not been listed by the owners for the-tax years 1893 and 1894, and tbat the chairman of the board of commissioners bad inserted in the list such property as bad not been listed by the own'ers, with the names of the persons supposed to be liable, and to charge against such property double the tax with which it would otherwise be chargeable. Tbe orders of the board of commissioners entered on the first Mondays of October, 1893 and 1894, were, therefore, competent, and it became the duty of…

2Cases cited16 opinions

  1. Keely v. SandersSupreme Court of the United States · 1879
  2. Warren v. . WillifordSupreme Court of North Carolina · 1908
  3. Levy v. . NewmanNew York Court of Appeals · 1891
  4. Lowe v. HarrisSupreme Court of North Carolina · 1893
  5. Matthews v. Fry.Supreme Court of North Carolina · 1906

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3Cited by10 opinions

  1. Hicks v. . KearneySupreme Court of North Carolina · 1925
  2. Rexford v. . PhillipsSupreme Court of North Carolina · 1912
  3. Price v. SlagleSupreme Court of North Carolina · 1925
  4. Price v. . SlagleSupreme Court of North Carolina · 1925
  5. State Ex Rel. Board of Commissioners v. BlueSupreme Court of North Carolina · 1925

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