Maddrey v. . Long
Supreme Court of North Carolina
Civil Action to recover land tried at January Special Term, 1882, of Northampton Superior Court; before Graves, J. On the trial the plaintiff tendered the following issues; 1. Is the plaintiff entitled to the possession of the land described in the complaint? 2. What damage has the plaintiff sustained by the wrongful withholding of the possession of the land? The defendants, Stephenson and Crocker, who were by consent let in to defend the action, tendered the following…
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Civil Action to recover land tried at January Special Term, 1882, of Northampton Superior Court; before Graves, J. On the trial the plaintiff tendered the following issues; 1. Is the plaintiff entitled to the possession of the land described in the complaint? 2. What damage has the plaintiff sustained by the wrongful withholding of the possession of the land? The defendants, Stephenson and Crocker, who were by consent let in to defend the action, tendered the following issues: 1. Are the defendants, J. T. Crocker and R. T. Stephenson, the owners in fee simple of the land described in the…
1Opinion of the CourtAshe, J.
There is error. The principle upon which His Honor ruled out the evidence of the defendants (Crocker and Stephenson) has no application to this case. Under the former practice it was a well settled rule that when a landlord was let in to defend an action of ejectment, he stood in the place of the tenant, and could make no defence which the tenant could not have made. Wiggins v. Riddick, 11 Ired., 380; Belfour v. Davis, 4 Dev. & Bat., 300. But where, a defendant is let in to defend such an action by consent, he is not restricted to the defence of the party in possession, upon whom the process…
2Cases cited2 opinions
- Whissenhunt v. . JonesSupreme Court of North Carolina · 1878
- stephen.W. Isler v. . William Foy and F. B. HarrisonSupreme Court of North Carolina · 1872
3Cited by3 opinions
- Lee v. . FlannaganSupreme Court of North Carolina · 1847
- Bryant v. . KinlawSupreme Court of North Carolina · 1884
- Belfour and Henly Heirs v. . Davis and NixonSupreme Court of North Carolina · 1838