Mayo v. . Leggett
Supreme Court of North Carolina
This was an action for the recovery of land, tried before Philips, Judge, at Spring Term, 1886, of the Superior Court •of the county of MaetiN.
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This was an action for the recovery of land, tried before Philips, Judge, at Spring Term, 1886, of the Superior Court •of the county of MaetiN. A trial by jury was waived, and the facts found by the Judge are substantially as follows: On the 18th of December, 1877, Thomas Jones was the owner of the land in controversy, and on that day conveyed the same by deed of trust to Joseph T. Waldo, to secure the payment of certain debts therein named to J. W. Sherrod and W. L. Sherrod, partners, with authority to sell upon their request. Thomas Jones died in 1880, leaving a will, which was duly proved,…
1Opinion of the Court
Davis, J.,
(after stating the facts). A motion was made in this Court in behalf of the plaintiff, based upon affidavits alleging errors in the finding of facts as stated by his Honor in the case sent up, for a writ of certiorari to have the finding of facts corrected in the several particulars mentioned in the affidavits. The motion is disallowed. When counsel cannot agree, the case as made up by the Judge “must be accepted as conclusively true, and the utmost which this Court can do, upon the suggestion that an unintentional omission or mistake has occurred, is to remand the cause, or award…
2Cases cited6 opinions
- Holmes v. CrowellSupreme Court of North Carolina · 1875
- Walker v. . MebaneSupreme Court of North Carolina · 1884
- McDaniel v. . KingSupreme Court of North Carolina · 1883
- Isler v. . KoonceSupreme Court of North Carolina · 1879
- Currie v. . ClarkSupreme Court of North Carolina · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- Avent v. ArringtonSupreme Court of North Carolina · 1890
- Estis v. . JacksonSupreme Court of North Carolina · 1892
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- Avent v. . ArringtonSupreme Court of North Carolina · 1890
1 more not listed; retrieve them via the Exa API.