Thompson v. . Justice
Supreme Court of North Carolina
EJECTMENT tried at Spring Term, 1883, of Durham Superior Court, before Gilmer, J. This action was originally brought only against the defendant, Amanda Bumpass, who was in possession of the land in controversy, but at fall term, 1882, the defendant, Justice, was allowed, upon his affidavit, to come in and defend the same.
Read the full summary
EJECTMENT tried at Spring Term, 1883, of Durham Superior Court, before Gilmer, J. This action was originally brought only against the defendant, Amanda Bumpass, who was in possession of the land in controversy, but at fall term, 1882, the defendant, Justice, was allowed, upon his affidavit, to come in and defend the same. The plaintiff, in support of his title, offered in evidence two mortgages on the land, executed to him by Henry Bumpass, now deceased, and his wife, the said Amanda. These deeds had been registered in the county of' Orange, before the division of that county and the…
1Opinion of the CourtAshe, J.
We find no error in the record. The defendant, Amanda, is estopped, by the deeds of mortgage which she executed jointly with her husband, to deny the title of the plaintiff, and he had the right to recover the possession from her.
Justice, who was permitted to come in and make himself a party defendant, claims that he is the legal owner of the land; that he sold it to Kimball, and gave him a bond for title when' the purchase money should be paid, and Kimball sold his interest to Bumpass, and Bumpass and wife transferred their interest by mortgage to the plaintiff, and he prays that he may be…
2Cited by1 opinion
- Allen v. . TaylorSupreme Court of North Carolina · 1887