Ten'broeck v. . Orchard
Supreme Court of North Carolina
Civil ActioN tried at July Special Term, 1878, of Ca-barrus Superior Court, before Cox, J. The plaintiff in his complaint claims a right to the possession óf a tract of land known as the Phoenix gold mine, and alleges that the defendant his tenant refuses to surrender the premises.
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Civil ActioN tried at July Special Term, 1878, of Ca-barrus Superior Court, before Cox, J. The plaintiff in his complaint claims a right to the possession óf a tract of land known as the Phoenix gold mine, and alleges that the defendant his tenant refuses to surrender the premises. He further states that the defendant, as his tenant and agent, has for many years managed the property, collecting rents and other profits and disposing of some of the materials used in the business, and refuses to render any account thereof. The prayer is for a restitution of the possession, an account of the…
1Opinion of the CourtSmith, C. J.
(After stating the case as above'.)' 0n. examining the answer we do not perceive such repugnancy in. the defences as seems to have attracted the animadversion, of the Court. The allegations all point to the necessity of an account, and the controverted facts are mostly if not altogether connected with, and necessary to be settled in order to the proper taking of the account and the ascertainment of the equities involved in it. But if such repug-nancy is to be found in the answer, we know of no principle or rule of law which authorizes an order for its reformation. Pleadings are prepared by…
2Cited by3 opinions
- Ross v. FlynnCalifornia Court of Appeal · 1920
- Reed v. . ReedSupreme Court of North Carolina · 1885
- McKinney v. . DillSupreme Court of North Carolina · 1948