Brinkley v. Smith.
Supreme Court of North Carolina
ActtoN by B. W. Brinkley against Henry Smith, heard by Judge Thos. A. McNeill and a jury, at May (Special) Term, 1901, of the Superior Court of Columbus County. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtDouglas, J.
This was a special proceeding commenced before the Clerk for the partition of the land described in the complaint. The defendant pleaded sole seizin, and the case was transferred to the Superior Court in term for trial of the issues raised in the pleadings. It was heard on appeal at the last term' of this Court, but the record was in such condition that we thought it necessary to refer it to the Clerk for correction. 130 N. C., 224.
There are only two exceptions which we deem it necessary to discuss, as they result in a new trial, where the other exceptions may not arise.
The plaintiff…
2Cases cited4 opinions
- Everett v. . NewtonSupreme Court of North Carolina · 1896
- Malloy v. . BrudenSupreme Court of North Carolina · 1882
- Brinkley v. Smith.Supreme Court of North Carolina · 1902
- Walden v. . RaySupreme Court of North Carolina · 1897