Isler v. . Harrison
Supreme Court of North Carolina
Civil aotioN, for the recovery of real estate, tried by His Honor Judge OlarJce and a jury, at the Fall Term, 1873, of JONES Superior Court.
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Civil aotioN, for the recovery of real estate, tried by His Honor Judge OlarJce and a jury, at the Fall Term, 1873, of JONES Superior Court. The defendants in their answer, relied upon a verdict and judgment still in force, heretofore rendered in the said Superior Court between the same parties and for the same cause of action, introducing the transcript of said judgment, &c., to prove the identity of the land, and that the title to the same was determined in the form§r suit. To this answer there was no replication, and the plaintiff adrhitted the facts as therein set forth. The plaintiff on…
1Opinion of the CourtPbaesoN, C. J.
The effect of a verdict and judgment in an action for land, under C. C. P., when the title is put at issue and directly adjudicated, to work an estoppel in respect to the title is so fully discussed in Falls v. Gamble, 66 N. C. Rep., 455, as to relieve us from the duty of attempting to make any further explication of the doctrine.
Our labor has been to decide whether the verdict and j udgment in the first action and the averment of such verdict and judgment set up as an estoppel in respect to the title by the answer filed in the second action, have sufficient certainty and directness to bring…
2Cases cited1 opinion
- William Falls v. . Robert F. GambleSupreme Court of North Carolina · 1872
3Cited by8 opinions
- Blackwell v. Dibbrell Bros. & Co.Supreme Court of North Carolina · 1889
- Turnage v. . JoynerSupreme Court of North Carolina · 1907
- Freeman v. . RamseySupreme Court of North Carolina · 1925
- Davis v. . HigginsSupreme Court of North Carolina · 1882
- Lumber Co. v. Lumber Co.Supreme Court of North Carolina · 1906
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