Doe on Demise of Sinclair v. Worthy
Supreme Court of North Carolina
AotioN OK ejectMEft, tried before Ebenoh, J., at the Eall Term, 1860, of Moore Superior Court. The declaration was served on Duncan Murchison, Leonard Farr and Henry Oldham, and at the appearance term, K. H. "Worthy was permitted to come in as landlord and defend the suit.
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AotioN OK ejectMEft, tried before Ebenoh, J., at the Eall Term, 1860, of Moore Superior Court. The declaration was served on Duncan Murchison, Leonard Farr and Henry Oldham, and at the appearance term, K. H. "Worthy was permitted to come in as landlord and defend the suit. The lessor of the plaintiff offered in evidence a judgment and execution against Duncan Murchison, a levy and sale in 1857, of the land described in the declaration, a purchase by him for fifteen ($15) dollars, and a sheriff’s deed for the same. The defendant then showed a sale by the sheriff for the same land as the…
1Opinion of the Court
From the manner in which the record is made out, we are at a loss to determine whether this is an appeal by the defendant from the ruling of his Honor on the trial of the action of ejectment, or an appeal by the plaintiff from the order staying the writ of possession until the lessor of the plaintiff should bring his action of ejectment against the defendant. But for the fact that the case made out by his Honor is sent as part of the record, we should conclude that the only point presented was on the appeal of the plaintiff in regard to the motion to stay the writ of possession, and that the…
2Cases cited2 opinions
- Judge v. . HoustonSupreme Court of North Carolina · 1851
- Den on Demise Jordan v. MarshSupreme Court of North Carolina · 1848
3Cited by1 opinion
- Board of Education v. . GallopSupreme Court of North Carolina · 1947