Norris v. . Luther
Supreme Court of North Carolina
This was a MOTION in the cause, heard and determined by Avery, J., at August Term, 1888, of Wake Superior Court. The plaintiff, claiming title to a parcel of land, brought his action against the defendants to recover possession. The defendants, in their answer, denied his right to said land, and setup divers other defences against his demand.
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This was a MOTION in the cause, heard and determined by Avery, J., at August Term, 1888, of Wake Superior Court. The plaintiff, claiming title to a parcel of land, brought his action against the defendants to recover possession. The defendants, in their answer, denied his right to said land, and setup divers other defences against his demand. Before being allowed to plead to the action the defendants were required to give “ an undertaking with good and sufficient surety under the provision of Sec. 237 of The Code, in a sum not less than $200, to secure such costs and damages as the plaintiff…
1Opinion of the Court
Smith, C. J.,
(after stating the case.) The controversy which has grown out of the action taken to enforce the mortgage security, has been essentially between Rogers the purchaser and the defendant, in the application for the writ of assistance. The record, without assigning any specific-error, contains a memorandum with the words Appeal also by the phi in i iff ” from the judgment of the Court, and we can only entertain his complaint of the concluding clause, that taxes him with the costs specified therein.
In this we find no error, for it was the plaintiff’s own folly to proceed in the effort…
2Cases cited1 opinion
- Hardy v. . HollySupreme Court of North Carolina · 1881
3Cited by5 opinions
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Kirby v. . BoyetteSupreme Court of North Carolina · 1895
- Alexander v. . DavisSupreme Court of North Carolina · 1889
- Freeman v. . LideSupreme Court of North Carolina · 1918
- Freeman v. LideSupreme Court of North Carolina · 1918