Chasteen v. . Martin
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1878, of Cherokee Superior Court, before Schenck, J. The plaintiff claims that one John M. Martin, being the owner of a certificate of purchase, No. 101, third district of Cherokee lands, and having paid the purchase money to the state, transferred the same to one Standridge, who after-wards assigned the same to him.
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Civil Action tried at Spring Term, 1878, of Cherokee Superior Court, before Schenck, J. The plaintiff claims that one John M. Martin, being the owner of a certificate of purchase, No. 101, third district of Cherokee lands, and having paid the purchase money to the state, transferred the same to one Standridge, who after-wards assigned the same to him. It is averred that the defendant, well knowing of the transfer to the said Standridge, purchased of John M. Martin the same tract of land, and by some me'ans procured the state to issue a grant to him therefor in his own name, under which he now…
1Opinion of the CourtHillard, J.
(After stating the case.) From a mere perusal of the pleadings it is apparent that various issues of fact were joined by the parties, which had to be determined in some way, either by a jury or by the judge on a waiver of a jury, before any judgment could be pronounced in conformity to the procedure prescribed in such a case, or which could reach the merits of the controversy. For example, the plaintiff sets up an equity to have the defendant declared a trustee of his legal title under the grant from the state, for his benefit, and to have a deed executed to him, on the ground that he bought…
2Cases cited3 opinions
- Erwin v. . LowerySupreme Court of North Carolina · 1870
- Baldwin v. . YorkSupreme Court of North Carolina · 1874
- J. B. Leggett v. . Heirs-At-Law of Benjamin LeggettSupreme Court of North Carolina · 1872
3Cited by14 opinions
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Boles v. Caudle.Supreme Court of North Carolina · 1903
- Kiser v. KiserSupreme Court of North Carolina · 1989
- State ex rel. Nichols v. CherryUtah Supreme Court · 1900
- Weil v. DavisSupreme Court of North Carolina · 1915
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