Peacock v. . Stott
Supreme Court of North Carolina
Cloud upon Title — Cause of Action — Jurisdiction. This is a Petition to Rehear, filed at February Term, 1889.
1Opinion of the CourtAvery, J.
This is an application to rehear a case decided at September Term, 1888. It is not contended for the plaintiff that the principle announced by the Court (101 N. C., 149) is incorrect in. theory. But he insists that the complaint, if admitted to be true, would establish his right to demand judgment that the deed executed by Levi Bailey to Henry Stott be declared void, in order to remove a cloud upon his title.
An action will not lie solely for the purpose of removing a cloud from the title of a party who is not shown to be in proper possession of the land in controversy, nor on behalf of a…
2Cases cited7 opinions
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Busbee v. . MacYSupreme Court of North Carolina · 1881
- Tucker v. . BakerSupreme Court of North Carolina · 1882
- Byerly v. . HumphreySupreme Court of North Carolina · 1886
- Murray v. . HazellSupreme Court of North Carolina · 1888
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3Cited by4 opinions
- Conley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Newman MacHine Company v. NewmanSupreme Court of North Carolina · 1969
- McNamee v. . AlexanderSupreme Court of North Carolina · 1891
- British & American Mortgage Co. v. LongSupreme Court of North Carolina · 1893