Legal Opinion

Tankard v. . Tankard

Supreme Court of North Carolina

Decided January 5, 1881PublishedCited by 11 opinions

PetitioN to rehear filed on the 5th of August, 1879, and heard at January Term, 1881, of The Supreme Court. This is a petition to rehear the decision of this court at June term, 1879, reported in 79 N. C., 54, in an action to recover the possession of land.

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PetitioN to rehear filed on the 5th of August, 1879, and heard at January Term, 1881, of The Supreme Court. This is a petition to rehear the decision of this court at June term, 1879, reported in 79 N. C., 54, in an action to recover the possession of land. The claim of title by the parties respectively, the issues submitted to the jury and findings thereon, and the judgment of the court from which the appeal was taken, are substantially as follows: Both sides claim under Ransom Tankard. The plaintiff claims under Oliver H. P. Tankard, and he by deed from one Cutler as trustee to wdiom Ransom…

1Opinion of the CourtDillard, J.

The affirmance in this court of the judgment in the court below was based, as will be seen on reference to the opinion in 79 N. C., 54, on two grounds; first, that some of the issues were badly constructed, and espe-ciacly the 7th one, wherein alternative inquiries were put to the jury, so that a single response thereto was without meaning; and secondly, and chiefly, for that the finding of a purchase by the plaintiff for value and without notice of the equity of Ransom Tankard, in answer to the 3rd issue, was a contradiction to the reply of plaintiff, wherein he admitted a possession by…

2Cases cited3 opinions

  1. Mulholland v. . YorkSupreme Court of North Carolina · 1880
  2. Edwards v. . ThompsonSupreme Court of North Carolina · 1874
  3. Tankard v. . TankardSupreme Court of North Carolina · 1878

3Cited by11 opinions

  1. Smith v. . FullerSupreme Court of North Carolina · 1910
  2. Patterson v. . GalliherSupreme Court of North Carolina · 1898
  3. Johnson v. . HauserSupreme Court of North Carolina · 1883
  4. Falls of Neuse Manufacturing Co. v. HendricksSupreme Court of North Carolina · 1890
  5. Chadwick v. ArnoldUtah Supreme Court · 1908

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