Sanders v. . Ellington
Supreme Court of North Carolina
Civil ActioN, tried at January Special Term, 1877, of Wake Superior Court, before Schenck, J. This action was brought to recover the value of five bales-of cotton raised upon the land of the defendant by one Pooh The plaintiff’s claim was based upon a mortgage executed to him by Pool in February, 1872, conveying the crops raised up>on the land for said year.
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Civil ActioN, tried at January Special Term, 1877, of Wake Superior Court, before Schenck, J. This action was brought to recover the value of five bales-of cotton raised upon the land of the defendant by one Pooh The plaintiff’s claim was based upon a mortgage executed to him by Pool in February, 1872, conveying the crops raised up>on the land for said year. The defendant’s claim was based upon a verbal contract with Pool, under which Pool worked the land in 1870-’7l-’72. The defendant introduced a witness who testified that in January, 1872, the defendant executed a paper writing or lien for…
1Opinion of the CourtPearson, C. J.
When the parties to an action agree upon a matter of fact, they are bound by it, and it is not the duty ■of the Judge to interfere, for ho is presumed to be ignorant •of the facts. When the parties agree upon a matter of law, they are not bound by it, and it is the duty of the Judge to interfere and correct the mistake, if there be one, as to the law, for he is presumed to know the law, and it is his province to declare it.
In this case all of the facts were agreed on, except the facts relative to the question as to whether one Pool was a ■cropper of the defendant, or a lessee for one year.…
2Cited by15 opinions
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- Springs v. Atlantic Refining Co.Supreme Court of North Carolina · 1933
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