Carr v. . Alexander
Supreme Court of North Carolina
Civil actiox, tried before Hoke, J., and a jury, at March Term, 1892, of Buxcombe Superior Court. The complaint alleged that in 1871 one N. W. AVoodfin contracted to convey a certain tract of land near Asheville to the plaintiff for the sum of eight hundred dollars, which contract was duly registered; that at the time of such contract there was a mortgage on said land due by AATiodfin to R. M. Pearson, which was foreclosed in 1872 and con-vej^ed by the commissioner to R. M.…
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Civil actiox, tried before Hoke, J., and a jury, at March Term, 1892, of Buxcombe Superior Court. The complaint alleged that in 1871 one N. W. AVoodfin contracted to convey a certain tract of land near Asheville to the plaintiff for the sum of eight hundred dollars, which contract was duly registered; that at the time of such contract there was a mortgage on said land due by AATiodfin to R. M. Pearson, which was foreclosed in 1872 and con-vej^ed by the commissioner to R. M. Pearson, who subsequently died, leaving a last will and testament, appointing Richmond Pearson executor; that…
1Opinion of the Court
Bur well, J.:
The plaintiff, when the case was called for trial, could enter a nonsuit as to the defendant executor,' and no one had a right to object to this except that particular defendant, and he only in the event that in his answer he had demanded affirmative relief against the plaintiffs or some of them, which he had not done. If, when the executor had been thus discharged by the plaintiff, the other defendants had so demanded, the Court might have adjudged him to be a necessary party, and might have directed him to be made a party again at their instance. No such motion was made, nor…
2Cases cited3 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Leach v. . LindeSupreme Court of North Carolina · 1891
- White v. . JonesSupreme Court of North Carolina · 1883