Isler v. . Brown
Supreme Court of North Carolina
This was a motion for judgment and a writ of possession beard before Olarlce, Jat Spring Term, 1872, of Jones Court. This case was before the Court at January Term, 1872, and is reported in 66, N. ’C. 558. The facts are stated in the opinion of the Court. Upon motion in the Court below bis Honor entered judgment upon the record for the plaintiff: “ That lie recover the said lands and tenaments specified in the complaint, and that he is entitled to a writ of possession,” &c.
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This was a motion for judgment and a writ of possession beard before Olarlce, Jat Spring Term, 1872, of Jones Court. This case was before the Court at January Term, 1872, and is reported in 66, N. ’C. 558. The facts are stated in the opinion of the Court. Upon motion in the Court below bis Honor entered judgment upon the record for the plaintiff: “ That lie recover the said lands and tenaments specified in the complaint, and that he is entitled to a writ of possession,” &c. Defendants appealed.
1Opinion of the CourtRodman, J.
As the record now appears before us the case is this: The plaintiff alleged title in fee to certain lands which. defendants were wrongfully possessed of. Defendants admitted possession but claimed title in themselves. Upon this issue was joined. It was submitted to a jury, who under the instructions of the Court found for the defendants as to the lands conveyed by Cox to Brown. At the same term of the Superior Court the record states, “ The facts in this case being admitted and agreed on by the parties, and it being submitted by the parties to his Honor whether in law upon the facts admitted,…
2Cited by3 opinions
- Isler v. . Brown .Supreme Court of North Carolina · 1873
- Rush v. Halcyon Steamboat Co.Supreme Court of North Carolina · 1873
- Smith v. . the City of NewbernSupreme Court of North Carolina · 1875