Wall, Gay v. . Fairley, McEachin .
Supreme Court of North Carolina
Civil actioN for the recovery of rea] property, tried upon amended complaint and demurrer before Buxton, J., at the Spring Term, 1875, of the Superior Court of RiohmoND county. This case was before the Court at January Term, 1874, (see 70 N. 0. Rep. 537,) upon an appeal by the defendants from an order of the Court below permitting the plaintiffs to amend their complaint. To the amended complaint the defendants demurred.
Read the full summary
Civil actioN for the recovery of rea] property, tried upon amended complaint and demurrer before Buxton, J., at the Spring Term, 1875, of the Superior Court of RiohmoND county. This case was before the Court at January Term, 1874, (see 70 N. 0. Rep. 537,) upon an appeal by the defendants from an order of the Court below permitting the plaintiffs to amend their complaint. To the amended complaint the defendants demurred. Iiis Honor overruled the demurrer and the defendants again appealed. The grounds of the appellants’ demurrer, together with all the material facts in the case, are stated in…
1Opinion of the Court
RodMán, J.
The case made by the amended complaint and admitted by the demurrer is substantially this :
' At Fall Term, 1869, the two plaintiffs who are the executors- of Mial Wall recovered a judgment against John Fairley for «5357.00 with interest and costs. At the same Term, Gay, the other plaintiff, recovered judgment against the said John Fairley for $863.78 with interest and costs. Both of these judgments were duly docketed, and executions issued under which the sheriff sold a certain piece of land as the property of the defendant, John Fairley, which was bought by the said plaintiffs for…
2Cases cited1 opinion
- Burns v. . Ashworth .Supreme Court of North Carolina · 1875
3Cited by5 opinions
- Michael v. MooreSupreme Court of North Carolina · 1911
- Brewer v. BrowneSupreme Court of Alabama · 1880
- Mebane v. . LaytonSupreme Court of North Carolina · 1882
- Wall v. . FairleySupreme Court of North Carolina · 1877
- Savannah Sugar Refining Co. v. Royal Crown Bottling Co. of Wilmington, Inc.Supreme Court of North Carolina · 1963