Rollins v. . Henry
Supreme Court of North Carolina
Civil ActioN, to recover “ The Sulphur Springs Lands,” tried atEall Term, 1877, of Buncombe Superior Court, before Schenck, J. In the progress of the trial both parties admitted that the title to the land in controversy was originally iñ W. L. Henry, and that they both claimed under him.
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Civil ActioN, to recover “ The Sulphur Springs Lands,” tried atEall Term, 1877, of Buncombe Superior Court, before Schenck, J. In the progress of the trial both parties admitted that the title to the land in controversy was originally iñ W. L. Henry, and that they both claimed under him. The plaintiffs introduced a record of Haywood Superior Court in the case of Samuel Gudger, executor of Robert Henry, against, W. L. Henry, in which a judgment was rendered for the plaintiff, G-udger, for $6222, on the 27th of' May, 1872. Upon this judgment (which was not docketed in Buncombe), an execution…
1Opinion of the CourtRodman, J.
Both parties claimed under W. L. Henry,, and it is unnecessary therefore to go behind his title.
I. The plaintiffs claimed title as folíolos :
1. In the Superior Court of Haywood County on the 27th of May, 1872, G.udger recovered judgment against said WL. Henry, upon which, on the 3d of July, 1872, execution issued to Buncombe County, which was levied on the land in controversy- The land was sold on the 28th of September, 1872, and purchased by W. W. Rollins and Pinkney' Rollins, who are plaintiffs, G-. M. Roberts, who was made plaintiff by amendment, and J. L. Henry. The Sheriff' •conveyed to…
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