Dail Bro. v. . Freeman
Supreme Court of North Carolina
This was an action of claim and delivery for two bales of cotton, tried before MacRae, Judge, and a jury, at the July Special Term of GreENE Superior Court. On the trial the plaintiff offered evidence tending to show that one Charles Hart contracted with Lewis Johnson in 1874 for the laud upon which the two bales of cotton in controversy were raised in 1878. Johnson sold the land to Alexander Williams and turned over to him the notes which Hart had given him for the land.
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This was an action of claim and delivery for two bales of cotton, tried before MacRae, Judge, and a jury, at the July Special Term of GreENE Superior Court. On the trial the plaintiff offered evidence tending to show that one Charles Hart contracted with Lewis Johnson in 1874 for the laud upon which the two bales of cotton in controversy were raised in 1878. Johnson sold the land to Alexander Williams and turned over to him the notes which Hart had given him for the land. He afterwards sold to ~W. F. Williáms. Hart had a bond for title to be made when the notes were paid. In March, 1878,…
1Opinion of the CourtAshe, J.
(after stating the facts). There is no error in the
ruling of His Honor in refusing the instruction asked by the plaintiff, nor in rejecting the issue tendered by him, for the reason they were not such as were warranted by the pleadings or the facts of the case. Nor are we able to discover any error in the instruction given by His Honor to the jury, which could have operated to the prejudice of the defendant.
The defendant claimed the land on which the two bales of cotton were raised in 1878, by a sheriff’s deed made to him, by virtue of a sale of the land under an execution on the 30th of…
2Cases cited4 opinions
- Myers v. WhiteSupreme Court of Pennsylvania · 1829
- Pearsall v. . MayersSupreme Court of North Carolina · 1870
- Stambaugh v. YeatesSupreme Court of Pennsylvania · 1828
- Wellborn v. . SimontonSupreme Court of North Carolina · 1883
3Cited by12 opinions
- Wooten v. . HillSupreme Court of North Carolina · 1887
- Brown v. HardingSupreme Court of North Carolina · 1915
- Loughran v. . GilesSupreme Court of North Carolina · 1892
- Thigpen v. . LeighSupreme Court of North Carolina · 1885
- Norman v. Hallsey.Supreme Court of North Carolina · 1903
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