Piedmont Wagon Co. v. Byrd
Supreme Court of North Carolina
Civil aotion, pending in Wilices County, heard before Norwood, J., at Spring Term, 1896, of Wilices Superior Court, on a motion for a writ of Assistance by the plaintiff, the Piedmont Wagon Company, which had purchased the land sold under a decree of foreclosure. The motion was refused and plaintiff appealed. The facts appear in the opinion of Associate Justice ClarK.
1Opinion of the Court
Clabic, J.:
This was an action brought against the mortgagors to foreclose a mortgage. J. 0. Martin, who was not one of the mortgagors, on bis own application was made a party defendant, and filed his answer denying the complaint and alleged, as a further defense why decree of sale should not be made, “ that he is the owner in fee and in lawful possession of the lands described in the complaint,’’alleging further that the mortgagors were merely his tenants and without any title to the land, and ashing thereupon that the action be dismissed. This plea of sole seizin in himself, not being a…
2Cases cited11 opinions
- Jones v. . BeamanSupreme Court of North Carolina · 1895
- Kidder v. . McIlhennySupreme Court of North Carolina · 1879
- Walker v. . ScottSupreme Court of North Carolina · 1890
- Coor v. . SmithSupreme Court of North Carolina · 1890
- Exum v. . BakerSupreme Court of North Carolina · 1894
6 more not listed; retrieve them via the Exa API.