Swain v. . Clemmons
Supreme Court of North Carolina
Civil ACTION, tried before Bond, J., and a jury, at Spring Term, 1918r of BeuNswick. Tbis is an action for the recovery of land, and was before us at a former term, being reported in 172 N. 0., 277, where the facts will be found, together with an explanation of the controversy. The plaintiffs alleged in their complaint that they were owners of the Burns tract (described by metes and bounds) and entitled to the possession thereof. This was denied in the answer.
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Civil ACTION, tried before Bond, J., and a jury, at Spring Term, 1918r of BeuNswick. Tbis is an action for the recovery of land, and was before us at a former term, being reported in 172 N. 0., 277, where the facts will be found, together with an explanation of the controversy. The plaintiffs alleged in their complaint that they were owners of the Burns tract (described by metes and bounds) and entitled to the possession thereof. This was denied in the answer. Plaintiffs then alleged, in the second section, that defendants were in possession of a part of the-said land known as the “Island…
1Opinion of the Court
Walker, J".,
after stating tbe case: The issues between parties to an action are raised by the pleadings. If a defendant is sued for the recovery of land, a part of which he does not claim or about which he does not intend to litigate with the plaintiff, he should enter what is known as a disclaimer; and when he does so, he cannot be taxed with any costs relating to that part of the land; but when, instead of doing so, he takes issue with the plaintiff as to all of the land, and plaintiff recovers any part of it, he is entitled to recover his costs, although he may have failed to recover the…
2Cases cited6 opinions
- Wooten v. . WaltersSupreme Court of North Carolina · 1892
- Harris v. . SneedenSupreme Court of North Carolina · 1889
- Vanderbilt v. Johnson.Supreme Court of North Carolina · 1906
- Bryan v. . HodgesSupreme Court of North Carolina · 1909
- Moore v. AngelSupreme Court of North Carolina · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Parker v. . ParkerSupreme Court of North Carolina · 1918
- Cody v. . EnglandSupreme Court of North Carolina · 1942
- In Re Entry of HurleySupreme Court of North Carolina · 1923