Overman v. . Sims
Supreme Court of North Carolina
CoNTR.ovee.sy submitted without action, heard by Montgomery, Judge, at' Chambers, in Charlotte, on April 22d, 1887. The following agreed statement of facts is submitted to the Court, as a controversy without action, under §567 of The Code: In the year 1879, Thomas R. Tate purchased at a sale under execution, three fifths of the real estate known as the Overman home place, in the city of Charlotte. The sheriff of Mecklenburg county conveyed the same by deed to Thos.
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CoNTR.ovee.sy submitted without action, heard by Montgomery, Judge, at' Chambers, in Charlotte, on April 22d, 1887. The following agreed statement of facts is submitted to the Court, as a controversy without action, under §567 of The Code: In the year 1879, Thomas R. Tate purchased at a sale under execution, three fifths of the real estate known as the Overman home place, in the city of Charlotte. The sheriff of Mecklenburg county conveyed the same by deed to Thos. R. Tate and his heirs, to hold for the sole and separate use of Mary 0. Tate, for her life, and at her death to such child or…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). We do not approve of this method of presenting a mere narrative of the facts, out of which the controversy springs, without any statement of the subject-matter of contention, and the conflicting claims of the litigants to be passed on and decided. While formal pleadings are not required, nor any preliminary process, to secure jurisdiction, the statute manifestly contemplates the existence of a controversy, and the case agreed should set out its nature, so that the Court may understand what is intended to be submitted, and render an intelligent decision.…
2Cases cited5 opinions
- Lewis v. . Commissioners of WakeSupreme Court of North Carolina · 1876
- Miller Ex-ParteSupreme Court of North Carolina · 1884
- Hager v. . Nixon and Wife .Supreme Court of North Carolina · 1873
- McKethan v. . RaySupreme Court of North Carolina · 1874
- Moore v. . HinnantSupreme Court of North Carolina · 1882
3Cited by9 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Irvin v. . ClarkSupreme Court of North Carolina · 1887
- Hodges v. Lipscomb.Supreme Court of North Carolina · 1901
- Edwards v. City of RaleighSupreme Court of North Carolina · 1954
- Overman v. . TateSupreme Court of North Carolina · 1894
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