Isler v. . Koonce
Supreme Court of North Carolina
Civil Action to recover Land, tried at January Special Term, 1880, of Jones Superior Court, before Eure, J. This was an action to recover real estate upon a claim of title by the plaintiff as a purchaser under a decree of foreclosure of a mortgage executed by J. C. B. Koonce, deceased, against the defendant, Eleanor Koonce, widow of the mortgagor, and her co-defendants, being such of the children and heirs at law as were on the land at the institution of the suit, leaving…
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Civil Action to recover Land, tried at January Special Term, 1880, of Jones Superior Court, before Eure, J. This was an action to recover real estate upon a claim of title by the plaintiff as a purchaser under a decree of foreclosure of a mortgage executed by J. C. B. Koonce, deceased, against the defendant, Eleanor Koonce, widow of the mortgagor, and her co-defendants, being such of the children and heirs at law as were on the land at the institution of the suit, leaving other children of the mortgagor not joined as parties. At the trial term a jury was waived, and the trial was had by the…
1Opinion of the Court
Dillard, J.,
after stating the facts. Upon the appeal, two points of error are urged upon our consideration; first, in the refusal of judgment and execution to the plaintiff on the facts as found on the former trial by the court, and secondly, in the allowance of new parties with leave to file answers.
1. The refusal of judgment and execution on the plain-, tiff’s motion was proper. It was properly refused because the judgment of this court on the former appeal was one of reversal of the judgment below for error of law as set forth in the report of the case, and in terms it expressly granted a…
2Cases cited2 opinions
- Benbow v. . Robbins .Supreme Court of North Carolina · 1875
- Benbow v. . RobbinsSupreme Court of North Carolina · 1874
3Cited by6 opinions
- Tucker v. . MarklandSupreme Court of North Carolina · 1888
- McMillan v. . BakerSupreme Court of North Carolina · 1885
- Hickory v. RailroadSupreme Court of North Carolina · 1905
- Dobson v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Jackson v. City of GastoniaSupreme Court of North Carolina · 1957
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