Vandyke v. . Farris
Supreme Court of North Carolina
E.tectMENt, tiled before B-tarbuclc, J., at Eall Term, 1898, •of GastoN Superior Court.. The defendants pleaded as an estoppel a processioning proceeding between the parties under Act 1893, chap. 22, and judgment of the Clerk locating the lines between them and taxing plaintiff with the costs, October 10, 1893, which were admitted to be all regular.
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E.tectMENt, tiled before B-tarbuclc, J., at Eall Term, 1898, •of GastoN Superior Court.. The defendants pleaded as an estoppel a processioning proceeding between the parties under Act 1893, chap. 22, and judgment of the Clerk locating the lines between them and taxing plaintiff with the costs, October 10, 1893, which were admitted to be all regular. This action was coanmenQed February 1, 1896. His Honor sustained the plea, adjudged the processioning proceeding to be a bar to the present action, and so instructed the jury who rendered a verdict in favor of defendants. Plaintiff excepted and…
1Opinion of the CourtFaircloth, C. J.
This is an action of ejectment. The defendant after denying the allegations of the complaint, entered a plea in bar of the action, and the case was tried on that plea alone. His Honor held that the evidence and judgment relied on in support of the plea were an estoppel ag;ain,st the plaintiff, and the plaintiff appealed. The plea was, that in 1893 the plaintiff instituted a processioning pro ceeding before tire Clerk against the defendant to locate the line between plaintiff and defendant, under the Act of 1893, chap. 22, and that judgment was entered against the plaintiff for costs, from…
2Cases cited3 opinions
- Williams v. . HughesSupreme Court of North Carolina · 1899
- Wilson v. . Alleghany Co.Supreme Court of North Carolina · 1899
- Hoyle v. . WilsonSupreme Court of North Carolina · 1847
3Cited by6 opinions
- Whitaker v. GarrenSupreme Court of North Carolina · 1914
- Smith v. Johnson.Supreme Court of North Carolina · 1904
- Whitaker v. . GarrenSupreme Court of North Carolina · 1914
- Midgett v. Midgett.Supreme Court of North Carolina · 1901
- Hoyle v. . WilsonSupreme Court of North Carolina · 1847
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