Holley v. . Holley
Supreme Court of North Carolina
PROCEEDING to procession land, heard on appeal from the •clerk, by Connor, Judge, at Pall Term, 1885, of Bertie Superior Court. The appellant brought this proceeding on the 30th day of October, 1884, to have the tract of land described in the record processioned, as allowed by the statute, (The Code, §§ 1926,1927,1928). The processioner and freeholders made report of their action, to which the appellee filed numerous exceptions.
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PROCEEDING to procession land, heard on appeal from the •clerk, by Connor, Judge, at Pall Term, 1885, of Bertie Superior Court. The appellant brought this proceeding on the 30th day of October, 1884, to have the tract of land described in the record processioned, as allowed by the statute, (The Code, §§ 1926,1927,1928). The processioner and freeholders made report of their action, to which the appellee filed numerous exceptions. These exceptions were overruled by the clerk of the Court, and he confirmed the report. On appeal, the Judge reversed the order of the clerk, sustained the…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). It would seem that the present proceeding was unnecessary, if not improper, as it appears from the eighth exception of the appellee, that at and before it began, the present appellant had begun an action against the appellee to try the title to the land in question. In that exception, it is alleged, “that the lands described in the petition in this case, are the same lands ’described in the complaint in the case of Thos. D. Holley against Geo. Gaskins and Sallie D. Holley, brought by the said Thos. D. Plolley at the Fall Term, 1883, of Bertie Superior…
2Cases cited1 opinion
- Holly v. . HollySupreme Court of North Carolina · 1886
3Cited by6 opinions
- Bell v. County of AlleghenySupreme Court of Pennsylvania · 1898
- Whitehead v. . SpiveySupreme Court of North Carolina · 1889
- State v. . FarrarSupreme Court of North Carolina · 1889
- Gulf Refining Co. v. McKernanSupreme Court of North Carolina · 1919
- Jones v. . CottenSupreme Court of North Carolina · 1891
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