Ten Broeck v. . Orchard
Supreme Court of North Carolina
Civil ActioN in the nature of ejectment, tried before his Honor, Judge Schenck, at Pall Term, 1875, of Cab arrus Superior Court. Tbe plaintiff moved tbe court to strike out a portion of tbe defendant’s answer, setting up a counter-claim as a bondholder of tbe Pbosnix Gold Mining Company. Tbe motion was allowed and tbe defendant excepted. Tbe defendant then moved tbe court to make all tbe otlier bondholders parties. The motion was overruled and tbe defendant appealed.
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Civil ActioN in the nature of ejectment, tried before his Honor, Judge Schenck, at Pall Term, 1875, of Cab arrus Superior Court. Tbe plaintiff moved tbe court to strike out a portion of tbe defendant’s answer, setting up a counter-claim as a bondholder of tbe Pbosnix Gold Mining Company. Tbe motion was allowed and tbe defendant excepted. Tbe defendant then moved tbe court to make all tbe otlier bondholders parties. The motion was overruled and tbe defendant appealed. All other facts necessary to an understanding of tbe case as decided, are stated in the opinion of tbe court.
1Opinion of the Court
RodMAN J.
Tbe plaintiff claims title to certain mineral lands, and that the defendant is in possession, and unlawfully withholds it from the plaintiff after a demand. Defendant admits that plaintiff has tbe legal title, and that be went into possession under plaintiff as his agent or tenant. On this answer, tbe plaintiff would be entitled to judgment in a court of law, and under our former system tbe defendant would have been driven to assert bis equitable rights in a court of equity. Under our present system be can have tbe benefit of any equitable defence in tbe first action. Tbe defendant…
2Cited by5 opinions
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- Emry v. ParkerSupreme Court of North Carolina · 1892