Doe Ex Dem. Taylor v. Gooch
Supreme Court of North Carolina
Ejectment, tried at Spring Term, 1891, of WARREN Superior Court, Connor, J., presiding. The original declaration was filed in 1852 in the Superior Court of Granville County, and, issue being joined, was removed to Warren, where several ineffectual trials were had. In 1878 there was a verdict and judgment for plaintiff, but it was subsequently ascertained that the defendant at that time was doad.
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Ejectment, tried at Spring Term, 1891, of WARREN Superior Court, Connor, J., presiding. The original declaration was filed in 1852 in the Superior Court of Granville County, and, issue being joined, was removed to Warren, where several ineffectual trials were had. In 1878 there was a verdict and judgment for plaintiff, but it was subsequently ascertained that the defendant at that time was doad. The plaintiff sued out a writ of possession in 1882, and immediately the heirs at law and the others claiming under the defendant brought an action to restrain the execution of the writ and to set…
1Opinion of the Court
Clark, J.:
The purchase-money having been paid in full by William Pannill, the heirs at law of the vendor were naked trustees of the legal title for his benefit. In a Court of competent jurisdiction, in a proceeding to which the heirs at law of the vendor and the vendee were parties, it was adjudged, in 1803, that the former execute title to the said vendee. With that decree in force and unimpeached, it is clear that the heirs at law cannot take advantage of their own wrong in not having executed the decree to recover from the beneficial owner the land, for which it is adjudged that he had…
2Cases cited8 opinions
- Blue v. . BlueSupreme Court of North Carolina · 1878
- Knott v. . TaylorSupreme Court of North Carolina · 1888
- Harrell v. . PeeblesSupreme Court of North Carolina · 1878
- Wade v. . OdenealSupreme Court of North Carolina · 1832
- Keaton v. BanksSupreme Court of North Carolina · 1849
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3Cited by9 opinions
- Wright v. DzienisNew Jersey Superior Court Appellate Division · 1962
- Clarke v. Shoshoni Lumber Co.Wyoming Supreme Court · 1924
- Bush v. Pioneer Mining Co.Court of Appeals for the Ninth Circuit · 1910
- State v. VaszorichSupreme Court of New Jersey · 1953
- Bender v. . AskewSupreme Court of North Carolina · 1831
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