Foreman v. . Drake
Supreme Court of North Carolina
Civil action, tried before Gilmer, Judge, at Spring Term, 1887, of Stanly Superior Court. This action was brought against Drake and his wife, the feme defendant, to recover the possession of certain personal property — furniture—mentioned and described in the complaint. The defendant Andrews suggested to the Court that he was the owner of the property mentioned, and upon proper application, was made a party defendant, and in his answer set up his title to the property.
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Civil action, tried before Gilmer, Judge, at Spring Term, 1887, of Stanly Superior Court. This action was brought against Drake and his wife, the feme defendant, to recover the possession of certain personal property — furniture—mentioned and described in the complaint. The defendant Andrews suggested to the Court that he was the owner of the property mentioned, and upon proper application, was made a party defendant, and in his answer set up his title to the property. It appeared that in February of 1886 the plaintiff leased to the defendant Drake a hotel building, including the furniture…
1Opinion of the Court
MeriiimoN, J.,
(after stating the case). It is unnecessary that we shall consider what effect the clause of the contract of lease set forth above, under which the plaintiff claims title to the property mentioned in the complaint, would have as between the plaintiff and the defendants, the Drakes, if the latter had obtained the title to the property subsequent to the execution of the contract, because, in our judgment, they had no such title, so far as appears, to the same, as enabled them to sell it to the plaintiff) or any other person.
There was no objection to the agreement in writing…
2Cited by11 opinions
- Crinkley v. EgertonSupreme Court of North Carolina · 1893
- Hamilton v. . HighlandsSupreme Court of North Carolina · 1907
- A. D. Puffer & Sons Manufacturing Co. v. LucasSupreme Court of North Carolina · 1893
- Union Trust Co. v. Southern Sawmills & Lumber Co.Court of Appeals for the Fourth Circuit · 1908
- Wilcox Bros. v. CherrySupreme Court of North Carolina · 1898
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