Legal Opinion

Rollins v. . Rollins

Supreme Court of North Carolina

Decided January 5, 1877PublishedCited by 15 opinions

Action to Recover Real Estate — Parties— Practice — Appeal. Civil ActioN to recover possession of Real Estate tried at Eall Term, 1875, of BuNCOMbe Superior Court, before-Henry, J. The plaintiffs alleged that they were the owners of certain real estate in the County of Buncombe, known as the “Sul-phur Spring lands.” The opinion of this Court delivered by Mr. Justice Bynum contains the material facts in the case and proceedings in the Court below.

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Action to Recover Real Estate — Parties— Practice — Appeal. Civil ActioN to recover possession of Real Estate tried at Eall Term, 1875, of BuNCOMbe Superior Court, before-Henry, J. The plaintiffs alleged that they were the owners of certain real estate in the County of Buncombe, known as the “Sul-phur Spring lands.” The opinion of this Court delivered by Mr. Justice Bynum contains the material facts in the case and proceedings in the Court below. His Honor gave judgment against the defendants for want-of a bond and answer and adjudged that the plaintiff recover'possession of the lands…

1Opinion of the CourtBynum, J.

An action brought by the plaintiffs to recover of the defendant the possession of real estate. At the return term the defendant answered denying the plaintiff's title ; and a third party, to-wit, R. M. Henry, filed an affidavit alleging that he was the owner of the land and that the defendant Rollins was in possession and holding as his tenant;, wherefore he demanded to be let in to defend as landlord this and four other actions brought by the same plaintiffs against other parties for the same lands under the same claim of title. The plaintiffs opposed the motion and read affidavits to show…

2Cases cited1 opinion

  1. Jackson ex dem. Cantine v. StilesNew York Supreme Court · 1809

3Cited by15 opinions

  1. Merrill v. . MerrillSupreme Court of North Carolina · 1885
  2. Davis v. . DavisSupreme Court of North Carolina · 1880
  3. Lutz v. . ClineSupreme Court of North Carolina · 1883
  4. Rollins v. . HenrySupreme Court of North Carolina · 1877
  5. Morris v. WilkinsSupreme Court of North Carolina · 1955

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