Gudger v. . Penland
Supreme Court of North Carolina
Civil aotioN, for the recovery of land, tried before Graham, J., and a jury, at March Term, 3 895, of BuNcombe Superior Court. At the conclusion of the evidence, his Honor intimated that the plaintiff could not recover, and thereupon the plaintiffsubmitted to anon-suit and appealed. The material points in the case are stated by Associate Justice Fueohes.
1Opinion of the Court
Furches, J.:
This is an action of ejectment by a purchaser at execution sale against the defendant in the execution, in which the court at the close of the evidence intimated the opinion that the plaintiff could not recover. And thereupon the plaintiff submitted to anon-suit and. appealed.
The court below does not state upon what reason this opinion was founded. But the reason assigned in the argument here, to support the judgment of the court below, ■was that the defects in the assignment of defendant’s homestead rendered it void, and, this being so, the sale at which plaintiff bought was void…
2Cases cited4 opinions
- Burton v. . SpiersSupreme Court of North Carolina · 1882
- Spoon v. . ReidSupreme Court of North Carolina · 1878
- State Ex Rel. McD. Pate & Co. v. HarperSupreme Court of North Carolina · 1886
- Welch v. . WelchSupreme Court of North Carolina · 1888
3Cited by1 opinion
- Harriet Cotton Mills v. Local Union No. 578, Textile Workers Union of AmericaSupreme Court of North Carolina · 1959