Den on Dem. of Rogers v. Ratcliff
Supreme Court of North Carolina
Ejectment, tried before his Honor, Judge Bailey, at tbe Special Term, July, 1855, of Buncombe Superior Court. Pleas: general issue, liberum tenementum and stat. lim.; and specially, a former judgment and recovery between the same parties, upon the same subject matter.
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Ejectment, tried before his Honor, Judge Bailey, at tbe Special Term, July, 1855, of Buncombe Superior Court. Pleas: general issue, liberum tenementum and stat. lim.; and specially, a former judgment and recovery between the same parties, upon the same subject matter. In support of the plea of liberum tenementum, and of the special plea, the defendant produced in evidence the transcript of a record of an action of trespass guare clcmsum fregit, tried at December Term, 1851, of Buncombe Superior Court, between the same jtartios. The pleas therein were general issue hibemmi twiementwn and stat.…
1Opinion of the CourtPearson, J.
It is agreed that the finding upon an issue taken on a traverse of a precise fact material to the right in question, is conclusive, and operates by way of estoppel between the parties and privies, if pleaded in.“ due form and apt time.” Long v. Baugus, 2 Ire. Rep. 290 ; Bennet v. Holmes, 1 Dev. and Bat. Rep. 486; Outram v. Morewood, 3 East, 346.
It is conceded also, for the purpose of this decision, that if the case had been put to the jury, upon the issue taken on the plea of liberum tenementum alone, a verdict responsive to that single issue would have been conclusive .
But it is contended…
2Cited by10 opinions
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