Stanly v. . Massingill
Supreme Court of North Carolina
MotioN to supply a lost record of the late Superior Court, of Law andEquity for Johnston County, made before Watts, J.T at Spring Term 1869 of the Superior Court of Johnston. An action of ejectment between the above named parties,, was pending in the same Court, and in that the plaintiff claimed title through a Sheriff’s sale under a certain execution which had issued from the former Superior Court of Law and Eqi.ty for-Johnston County, and which was now said tobe lost.
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MotioN to supply a lost record of the late Superior Court, of Law andEquity for Johnston County, made before Watts, J.T at Spring Term 1869 of the Superior Court of Johnston. An action of ejectment between the above named parties,, was pending in the same Court, and in that the plaintiff claimed title through a Sheriff’s sale under a certain execution which had issued from the former Superior Court of Law and Eqi.ty for-Johnston County, and which was now said tobe lost. His Honor allowed the motion, and gave judgment accordingly ; thereupon the defendant appealed.
1Opinion of the CourtDick, J.
The plaintiff here is the lessor of the plaintiff in an action of ejectment against the defendant, pending in the Superior Court of Johnston County.
He purchased the land in controversy at a sale made by a Sheriff under an execution from the County Court of said County, and it is alleged that said execution is lost or destroyed; and the motion of the plaintiff is “to supply said execution as one of the records of the Court.”
The Superior Courts under our new system have possession of the records and papers of the County Courts, and the Superior Courts of Law and Equity, which have been…
2Cited by6 opinions
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Geer v. . GeerSupreme Court of North Carolina · 1891
- Smythe v. HenryU.S. Circuit Court for the District of Western North Carolina · 1890
- Isley v. . BoonSupreme Court of North Carolina · 1891
- Isley v. BoonSupreme Court of North Carolina · 1891
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