Lee v. . Thornton
Supreme Court of North Carolina
CrviL ACTION beard by Peebles, J., on demurrer to tbe complaint, at October Term, 1915, of Wake. Plaintiff alleged tbat bis father, James Lee, on 19 November, 1913, and prior to tbat time, was tbe owner, as tenant in common, of a one-third divided interest in a parcel of land situated in House’s Creek Township and containing about 3 acres. Tbat tbe defendants combined and conspired to defraud James Lee out of bis interest in said land.
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CrviL ACTION beard by Peebles, J., on demurrer to tbe complaint, at October Term, 1915, of Wake. Plaintiff alleged tbat bis father, James Lee, on 19 November, 1913, and prior to tbat time, was tbe owner, as tenant in common, of a one-third divided interest in a parcel of land situated in House’s Creek Township and containing about 3 acres. Tbat tbe defendants combined and conspired to defraud James Lee out of bis interest in said land. Tbat Ella Lee was bis wife, and Dr. E. J. Thornton bis physician, and as such bad influence and control over him. Tbat be was greatly enfeebled in mind and…
1Opinion of the Court
Walker, J".,
after stating the case: It would seem to be plain that the court did not sustain the demurrers upon the ground that there was a misjoinder of causes of action, because it made no order for a division of them under Eevisal, sec. 476; and it is equally plain that it was not done for the reason that there was a misjoinder of parties, for the judgment would not remove that objection, if it was well taken. The judgment must have been based upon the last two defects assigned in the demurrer, which, by reference to the statute, Eevisal, sec. 474, would not seem to be proper grounds of…
2Cases cited19 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Solomon v. . BatesSupreme Court of North Carolina · 1896
- Daniels v. . FowlerSupreme Court of North Carolina · 1897
- Benton v. . CollinsSupreme Court of North Carolina · 1896
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3Cited by13 opinions
- Leach v. . PageSupreme Court of North Carolina · 1937
- Citizens National Bank v. Angelo Bros.Supreme Court of North Carolina · 1927
- State Ex Rel. Greene County v. National BankSupreme Court of North Carolina · 1927
- Cotton Mills v. . Manufacturing Co.Supreme Court of North Carolina · 1940
- Pressley v. Great Atlantic & Pacific Tea Co.Supreme Court of North Carolina · 1946
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