Legal Opinion

Exum v. . Baker

Supreme Court of North Carolina

Decided September 5, 1894PublishedCited by 20 opinions

PROCEEDING heard before Brown, J., at February Term, 1894, of Greene Superior Court. This is an application by the plaintiff for a writ of assistance.’ The plaintiff was the purchaser of certain lands described in the complaint (filed in the original action for foreclosure, etc.). The defendant appealed from the judgment below.

1Opinion of the Court

Aveky, J.:

It is found as a fact by the Court below, upon petition for a writ of assistance and the answer thereto with exhibits, that the defendant Jasper Baker bought the tract of land in controversy on the 5th of December, 1894, when sold for taxes due for the year 1886 by Sugg, tax collector, acting under the law of 1891, ch. 391, and that on failure of the owner to redeem, he took title for said land from said tax collector on December 6, 1893, “ entered and acquired possession under the same, and has lived thereon ever since.” The question of the surrender of possession by the defendant…

2Cases cited6 opinions

  1. Howard v. Railway Co.Supreme Court of the United States · 1880
  2. Coor v. . SmithSupreme Court of North Carolina · 1890
  3. Knight v. . HoughtallingSupreme Court of North Carolina · 1886
  4. Howard v. BondMichigan Supreme Court · 1879
  5. Wooten v. . SuggSupreme Court of North Carolina · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Piedmont Wagon Co. v. ByrdSupreme Court of North Carolina · 1896
  2. Matthews v. Fry.Supreme Court of North Carolina · 1906
  3. Clarke v. AldridgeSupreme Court of North Carolina · 1913
  4. Bank v. . LeveretteSupreme Court of North Carolina · 1924
  5. Merrill v. WrightNebraska Supreme Court · 1902

15 more not listed; retrieve them via the Exa API.

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