Burnett v. Lyman.
Supreme Court of North Carolina
ActioN by W. B. Burnett and another against A. H. Lyman and another, beard by Judge Walter II. Neal and'a jury, at tbe May Term, 1905, of tbe Superior Court of Buncombe. Erom a judgment for tbe plaintiffs, tbe defendants appealed.
1Opinion of the CourtClark, C. J.
This is an action of ejectment begun by W. B. Burnett and W. E. Burnett. After it bad been pending for some time tbe plaintiffs conveyed tbe land by deed in fee simple to one Rawls, wbo before tbe trial conveyed to Mattie G. Moore, a married woman. Neither Rawls nor Mrs. Moore were made parties. Upon tbe above facts appearing in evidence, tbe defendants moved, for judgment of nonsuit. Tbe court refused tbe motion and directed tbe jury, if they believed tbe evidence, to find tbe issues in favor of tbe plaintiffs.
In Arrington v. Arrington, 114 N. C., 120, Burwell, J says: “In an action to…
2Cases cited4 opinions
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Davis v. . HigginsSupreme Court of North Carolina · 1884
- Morehead v. Hall.Supreme Court of North Carolina · 1903
- Talbert v. . BectonSupreme Court of North Carolina · 1892
3Cited by9 opinions
- Garrett v. RoseSupreme Court of North Carolina · 1952
- Plotkin v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- Barbee v. . CannadySupreme Court of North Carolina · 1926
- Jones v. . GriggsSupreme Court of North Carolina · 1941
- Moore v. . MooreSupreme Court of North Carolina · 1909
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