Vaughan v. . Lewellyn
Supreme Court of North Carolina
This was a civil ACTION, tried before Graves, Judge, at the July Term, 1885, of the Superior Court of Bockingham county.
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This was a civil ACTION, tried before Graves, Judge, at the July Term, 1885, of the Superior Court of Bockingham county. The facts were as follows: The plaintiff alleges that his testator, P. Black, being the owner of the tract of land described in the complaint, and containing one hundred and ninety-six acres, on February 14th, 1871, entered into an agreement with the defendant Samuel, for the sale of the same, at the price of seven hundred dollars, for which sum the sealed note of the said Samuel was taken, payable one day after date, and reciting as well the consideration for which it was…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The form of the substituted order is intended to be similar to the first, and we think makes a reference by consent, under The Code. Atkinson v. Whitehead, 77 N. C., 418; Overby v. The B. & L. Asso., 81 N. C., 56; Grant v. Reese, 82 N. C., 72, and such it seems to have been deemed and acted on by counsel.
The Court, when revising the report of a referee, who acts under a consent order of reference, upon issues both of fact and law raised by exceptions, exercises to this extent, the jurisdictional functions appertaining to the jury, as well as those appertaining to…
2Cases cited5 opinions
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- Overby v. Fayetteville Building & Loan Ass'nSupreme Court of North Carolina · 1879
- Atkinson v. . WhiteheadSupreme Court of North Carolina · 1877
- Grant v. . ReeseSupreme Court of North Carolina · 1880
- Perry v. TupperSupreme Court of North Carolina · 1876
3Cited by14 opinions
- Battle v. MayoSupreme Court of North Carolina · 1889
- Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
- Anderson v. . McRaeSupreme Court of North Carolina · 1937
- Southern Fertilizer Co. v. ReamsSupreme Court of North Carolina · 1890
- Shute v. FisherSupreme Court of North Carolina · 1967
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