Patrick v. . Dunn
Supreme Court of North Carolina
Appeal by defendants from Garter, J., at January Term, 1913, of Lenoie. Tbis is an action to set aside a tax deed and for tbe recovery of land. Tbe summons was returnable to tbe December Term of Lenoir, and tbe complaint was filed 29 November, 1912. Two causes of action are set out in tbe complaint.
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Appeal by defendants from Garter, J., at January Term, 1913, of Lenoie. Tbis is an action to set aside a tax deed and for tbe recovery of land. Tbe summons was returnable to tbe December Term of Lenoir, and tbe complaint was filed 29 November, 1912. Two causes of action are set out in tbe complaint. In tbe first, tbe plaintiff alleges that be is tbe owner in fee of tbe land described; that tbe defendant wrongfully withholds tbe possession thereof, and t-bat tbe defendant claims possession under a tax deed which is void; and in the second, he alleges ownership in fee and the wrongful…
1Opinion of the CourtAllen, J.
The December and January terms of Lenoir Superior Court were criminal terms, but the statute 1909, ch. 618, permits process to be returnable to and pleadings to be filed at such criminal terms. Revisal, 453, requires the defend ant in ejectment to file the undertaking therein specified before he shall be allowed to plead or defend, unless he shall procure leave to defend without bond in -the manner prescribed by Revisal, 454. The defendants neither filed the undertaking nor procured leave to defend without giving the same, and the court therefore was within its power in striking out the…
2Cases cited3 opinions
- Blow v. . JoynerSupreme Court of North Carolina · 1911
- Hemphill v. MooreSupreme Court of North Carolina · 1889
- Reynolds v. Greensboro Boiler & MacHine Co.Supreme Court of North Carolina · 1910