Vanderbilt v. Brown.
Supreme Court of North Carolina
ActioN by Gr. W. Vanderbilt against Bultler Brown, William Sizemore, Andrew Sizemore and T. L. Jenkins, beard by Judge O. R. Allen and a jury, at Fall Term, 1900, of tbe Superior Oourt of Tbansylvania C'ounty. From a judgment for tbe plaintiff, tbe defendants appealed.
1Opinion of the Court
The exceptions by defendants to the introduction of deeds are without merit and it is unnecessary to discuss them. The appellee says in his brief, "When plaintiff rested his case, defendant made the usual motion to nonsuit and the Court made the usual ruling upon it, and defendant made the usual exception." The plaintiff made out a prima facie case upon the record as usual and the motion was properly refused.
The issues submitted were the usual ones in ejectment and enabled the defendants to present every phase of the controversy. It was not therefore error to refuse the issue tendered by…
2Cases cited7 opinions
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
- Pretzfelder v. Merchants Insurance Co. of NewarkSupreme Court of North Carolina · 1898
- Bradley v. Ohio River & Charleston Railway Co.Supreme Court of North Carolina · 1900
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- State v. . NealSupreme Court of North Carolina · 1897
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3Cited by2 opinions
- Joyner v. Futrell.Supreme Court of North Carolina · 1904
- Patillo v. . LytleSupreme Court of North Carolina · 1911