Pendleton v. . Dalton
Supreme Court of North Carolina
Motion to vacate an injunction, made before Cloud, December 18 1869 at Chambers, Yadkin Court. The case was, that on the 15th of November 1869, the plaintiff presented before Cloud, J., a sworn petition, of which the material statements were as follows, to wit: On October 18th 1862, the defendant Dalton, being executor of one Houston, and authorized as such to sell his lands, contracted to convey the plaintiff a certain tract, and in December 1862 put Mm in possession…
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Motion to vacate an injunction, made before Cloud, December 18 1869 at Chambers, Yadkin Court. The case was, that on the 15th of November 1869, the plaintiff presented before Cloud, J., a sworn petition, of which the material statements were as follows, to wit: On October 18th 1862, the defendant Dalton, being executor of one Houston, and authorized as such to sell his lands, contracted to convey the plaintiff a certain tract, and in December 1862 put Mm in possession thereof; ancb the plaintiff paid a large part of the purchase money. The defendant refusing to convey, at Spring Term 1868 of…
1Opinion of the Court
Bodmah, J.,
(after stating the case as above.) The question presented is, was the injunction properly granted. It is admitted, that if the proceeding is to be considered as under the Code of Civil Procedme, it is irregular, and cannot he sustained. But the counsel for the plaintiff contend that it is not a new action, hut a motion'or petition in the Bill for specific performance, which was pending at the ratification of the Code, and hence must he governed by the former rules of equity practice, without reference to the Code. As a gen eral proposition we admit this: Teague v. James, 63 N. C.…
2Cases cited1 opinion
- Teague v. . JamesSupreme Court of North Carolina · 1869
3Cited by1 opinion
- Pendleton v. . DaltonSupreme Court of North Carolina · 1885