Perry v. . Tupper
Supreme Court of North Carolina
This was a civil aotioN, instituted after the decision in the preceding case, tried before Watts, on an application for a re- straining order, at Spring Term, 1874, of Wase Superior Court.
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This was a civil aotioN, instituted after the decision in the preceding case, tried before Watts, on an application for a re- straining order, at Spring Term, 1874, of Wase Superior Court. This action was brought on' the part of the plaintiffs, praying to have certain corrections made in a deed executed by defendant and wife, to them as trustees of the second Baptist Church in the eity of Raleigh, and to hare cancelled a certain lease alleged to be held by defendant from some of the trustees ; and also applying for an injunction against the issuing a writ of restitution from the Superior…
1Opinion of the Court
Read®, J.
The defendant had been wrongfully turned out of the possession of the premises under proceedings for alleged forcible entry and detainer, and at the last term of this Court a writ of-restitution was ordered. See Perry v. Tupper, 70 N. C. Rep. 538.
This action is for the same premises, and pending the action, an injunction is asked for to restrain the defendant from suing out his writ of restitution awarded at last term. And his Honor ordered the injunction to issue, and the defendant appealed. ' Nothing new has occurred-since the writ of restitution was awarded; but in this action,…
2Cases cited1 opinion
- Perry v. TupperSupreme Court of North Carolina · 1874
3Cited by6 opinions
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- Wright v. HurtSupreme Court of Alabama · 1890
- Wilson v. NewburghDistrict of Columbia Court of Appeals · 1914
- Meroney v. . WrightSupreme Court of North Carolina · 1881
- Cottingham v. . McKaySupreme Court of North Carolina · 1882
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