Parker v. . Parker
Supreme Court of North Carolina
MotioN to dissolve an Injunction heard at Fall Term, 1879, of Stanly Superior Court, before Buxton, !. It appearing that the real estate in controversy is a mining interest, and the court being of opinion that it is against public policy to obstruct the working of mines and the development of -the resources of the state, ordered the injunction theretofore granted to be dissolved, and appointed a receiver., to the end that the property in litigation be secured until the…
Read the full summary
MotioN to dissolve an Injunction heard at Fall Term, 1879, of Stanly Superior Court, before Buxton, !. It appearing that the real estate in controversy is a mining interest, and the court being of opinion that it is against public policy to obstruct the working of mines and the development of -the resources of the state, ordered the injunction theretofore granted to be dissolved, and appointed a receiver., to the end that the property in litigation be secured until the rights of the parties are determined in the action. From this judgment the plaintiff appealed. Cited Miller v. Washburne, 3…
1Opinion of the CourtDillard, J.
The plaintiffs commenced action by summons for the recovery of a tract of land on which was a gold mine, and simultaneously therewith, or soon thereafter, applied for and obtained an injunction, upon the claim as disclosed by their affi davits, that they were sole owners in fee and had had a possession themselves and under their father for sixty years, and that defendants had unlawfully and forcibly entered upon said land and were irreparably injuring them by digging for and taking away the gold, to pay for which they were utterly unable by reason of their insolvency.
The defendants…
2Cases cited1 opinion
- Baldwin v. . YorkSupreme Court of North Carolina · 1874
3Cited by8 opinions
- Roanoke Navigation Co. v. EmrySupreme Court of North Carolina · 1891
- Stewart v. Munger & Bennett, Inc.Supreme Court of North Carolina · 1917
- Texas Pacific Coal & Oil Co. v. HowardCourt of Appeals of Texas · 1919
- Thomas v. Nantahala Marble & Talc Co.Court of Appeals for the Fourth Circuit · 1893
- Nesbitt v. . TurrentineSupreme Court of North Carolina · 1880
3 more not listed; retrieve them via the Exa API.