Lytle v. . Burgin
Supreme Court of North Carolina
Motion heard at Fall Term, 1879, of MoDowell Superior Court, before SchencJc, J. The plaintiffs, T. Y. Lytle and B. F. Bynum, brought this action to recover possession of land purchased at an execution sale on a judgment against the defendant who was in the sole possession claiming it as his own.
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Motion heard at Fall Term, 1879, of MoDowell Superior Court, before SchencJc, J. The plaintiffs, T. Y. Lytle and B. F. Bynum, brought this action to recover possession of land purchased at an execution sale on a judgment against the defendant who was in the sole possession claiming it as his own. No answer being filed to the complaint, the plaintiffs moved for judgment by default and for a writ of possession, and thereupon the eounsel for L. E. Burgin filed an affidavit and moved to be made a party defendant, and have leave to file an answer. The plaintiffs filed counter-affidavits, and upon…
1Opinion of the CourtDillabd, J.
It seems to us that in view of the claim of ownership in the subject matter of the action as set forth in the affidavit on the part of L. E. Burgin, and of the fact found by the judge and proved by the counter affidavits, the said L. E. Burgin had the right to become a party to defend her interest in the land sued for, and it was error to refuse her motion.
Under our system, one of the prominent objects is to have all questions growing out of an action adjudged and finally determined therein, and in furtherance of this end, ample provision is made in sections 61 and 65 of the code for bringing…
2Cases cited2 opinions
- Rollins v. . RollinsSupreme Court of North Carolina · 1877
- Colgrove v. . KoonceSupreme Court of North Carolina · 1877
3Cited by8 opinions
- Davis v. . DavisSupreme Court of North Carolina · 1880
- Keathly v. . BranchSupreme Court of North Carolina · 1881
- Byrd v. . ByrdSupreme Court of North Carolina · 1895
- Snipes v. . Estates Administration, Inc.Supreme Court of North Carolina · 1944
- Snipes v. Estates Administration, Inc.Supreme Court of North Carolina · 1944
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