Baldwin v. . York
Supreme Court of North Carolina
Civil actioN for the recovery of a certain tract of land, and for an account of the rents, and in the meantime for an injunction against one of the defendants, restraining him from paying to his co-defendant certain rents, tried before Tourgee, J., at the Spring Term, 1874, of Chatham; Superior Court.
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Civil actioN for the recovery of a certain tract of land, and for an account of the rents, and in the meantime for an injunction against one of the defendants, restraining him from paying to his co-defendant certain rents, tried before Tourgee, J., at the Spring Term, 1874, of Chatham; Superior Court. In his complaint, the plaintiff alleges that one Bell, at Fall Term, 1867, of Chatham Superior Court of Law, obtained a judgment against the defendant, L. Burnett and others, for the sum of $1,377, with interest on $850; that Burnett paid of this judgment $590, about 1st February, 1869, but that…
1Opinion of the Court
ByNüm, J.
The deed of the plaintiff was executed the 12th day of May, 1873, and clearly he was not entitled to the rents and profits of the land, antecedent to his title. It was error, therefore, in his Honor to enjoin Gattis from paying them to York, or ordering him to pay them to the receiver. Nor can it be seen from the case, upon what ground a receiver was appointed at all, there being no allegation of the insolvency of the defendants. In effect, this is an action of ejectment, where both parties claim title, and the defendant is in possession. In such case, pending the action, an…
2Cited by5 opinions
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