Ponton v. McAdoo
Supreme Court of North Carolina
Civil ACTION to set aside a mortgage, and in the meantime for an injunction, heard upon motion to dissolve the injunction, before Tourgee, «7i, at Chambers, in Guilpobd eounty, March, 1874. The plaintiff, Ponton, alleges that on the 9th day of February, 1869, he had a homestead in his lands and an exemption of pei’sonal property allotted and laid off to him, according to the provisions of the act of August, 1868, which allotment embraced all of his lands and all of his…
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Civil ACTION to set aside a mortgage, and in the meantime for an injunction, heard upon motion to dissolve the injunction, before Tourgee, «7i, at Chambers, in Guilpobd eounty, March, 1874. The plaintiff, Ponton, alleges that on the 9th day of February, 1869, he had a homestead in his lands and an exemption of pei’sonal property allotted and laid off to him, according to the provisions of the act of August, 1868, which allotment embraced all of his lands and all of his personal property. That he continued in possession of this property, •undisturbed, until 24th day of April, 1873, when the…
1Opinion of the Court
Reade,,J.
Th% application being fora special injunction and the property in custodia legis, the Court will not let go the property and allow the same to be sold, if there is a probability that the merits are with the plaintiff notwithstanding the denial in the answer. But here there is no denial in the answer, the material facts are admitted. Heileg v. Stokes, 63 N. C. R., 612; Jarman v. Saunders, 64 N. C. R., 368; Craycroff v. Morehead and wife, 67 N. C. R., 422; Brown, Daniel & Co., v. Hawkins, 65 N. C. R., 645.
Upon this ground therefore, we sustain the ruling of his Honor in refusing to…
2Cited by3 opinions
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- L. Levenson & Co. v. ElsonSupreme Court of North Carolina · 1883
- Morris v. . WillardSupreme Court of North Carolina · 1881