Allen v. . Griffin
Supreme Court of North Carolina
Civil action, for the recovery of land, tried before Sheppard, Judge, at the February Term, 1887, of Wake Superior Court. The plaintiffs are the heirs-at-law of one R. L. Allen, deceased, and as such claims the land in dispute. The defendant claims under a deed executed to him by said R. L. Allen in November, 1879. The following issues were submitted to the jury: 1st. Is the land in controversy embraced in the deed from R. L. Allen to the defendant? 2d.
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Civil action, for the recovery of land, tried before Sheppard, Judge, at the February Term, 1887, of Wake Superior Court. The plaintiffs are the heirs-at-law of one R. L. Allen, deceased, and as such claims the land in dispute. The defendant claims under a deed executed to him by said R. L. Allen in November, 1879. The following issues were submitted to the jury: 1st. Is the land in controversy embraced in the deed from R. L. Allen to the defendant? 2d. Did the defendant enter upon said land as the tenant of R. L. Allen? 3d. What is the yearly value of the land ? It was admitted that R. L.…
1Opinion of the Court
Davis, J.,
(after stating the case as above). The plaintiffs-move in this Court to affirm the judgment, “upon the ground that no exception was taken by the defendant to the said judgment, and no errors are assigned in the statement of the case or in the record, for consideration and revision by the Court.” The case was settled by the Court “ as upon disagreement, by consent.” It was not stated by the appellant,, and as stated by his ILonor, it presents concisely and clearly the matter in controversy, and the “ ground of error is sufficiently assigned ” within the ruling in Lytle v. Lytle, 94…
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