Hemphill v. . Gaither
Supreme Court of North Carolina
Civil action, tried before Webb, J., at June Term, 1920, of BttN-oombe, upon these issues: “1. Is the plaintiff estopped by the report of J. M. Carver from claiming that part of said land shown on the court map by the lines 1 to 2, 2 to 3, 3 to 4, 4 to 5, 5 to 6, and 6 to 1 % Answer: ‘No.’ “2. Is the plaintiff the owner of the land described in the complaint and shown on the court map by the lines A to B, B to C, 0, to D, D to E, and E to A? Answer:‘Yes’.” From the judgment…
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Civil action, tried before Webb, J., at June Term, 1920, of BttN-oombe, upon these issues: “1. Is the plaintiff estopped by the report of J. M. Carver from claiming that part of said land shown on the court map by the lines 1 to 2, 2 to 3, 3 to 4, 4 to 5, 5 to 6, and 6 to 1 % Answer: ‘No.’ “2. Is the plaintiff the owner of the land described in the complaint and shown on the court map by the lines A to B, B to C, 0, to D, D to E, and E to A? Answer:‘Yes’.” From the judgment rendered the defendant appealed.
1Opinion of the CourtBeown, J.
The complaint alleges a cause of action for the removal of a cloud from the title of land, but the controversy had to do only with a strip some ten or twelve acres in extent claimed by both parties under their contentions as to the xiroper location of the common ■ boundary of their adjoining holdings. The answer alleged inter alia the defense of estoj)pel by arbitration and award. This defense was attacked in the plaintiff’s reply by allegations of mistake and fraud in both the submission and award.
The court instructed the jury that upon all the evidence the plaintiff is not estopped from…
2Cases cited1 opinion
- Smith v. . HolmesSupreme Court of North Carolina · 1914
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