Den on Demise of Morrisey v. Love
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Duplin county, at Fall Term, 1843, his Honor Judge Pearson presiding. On the trial of this ejectment the possession of the defendant was admitted. The plaintiff relied entirely on the title of the heirs of James Joiner, the lessors in the third count of the declaration.
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Appeal from the Superior Court of Law of Duplin county, at Fall Term, 1843, his Honor Judge Pearson presiding. On the trial of this ejectment the possession of the defendant was admitted. The plaintiff relied entirely on the title of the heirs of James Joiner, the lessors in the third count of the declaration. To support this title the plaintiff introduced a grant from the State for the land in dispute, being a tract of about one hundred and ten acres, to James Joiner in the year 1803 — and proved that the said James Joiner had died intestate, and that the lessors of the plaintiff were his…
1Opinion of the Court
Gaston, J. *
Thove would probably be no serious difficulty in the way of affirming the judgment of the Superior Court, but for the objection taken to the certainty of the" lcfry. The constable’s return is “levied on lands supposed to be upwards of 100 acres, where Richard Heath lives. — ■ No other property to be found.” To sustain this levy, the defendant proved that James Joiner (the defendant in- the execution) owned but twof tracts of land in the county,-each of 110 acres and adjoining to each other, that on one of these' he' resided himself, and that on the other (which was alleged to be…
2Cited by5 opinions
- Norton v. . SmithSupreme Court of North Carolina · 1920
- Green v. HarshawSupreme Court of North Carolina · 1924
- Huggins v. . KetchumSupreme Court of North Carolina · 1838
- Borden v. . SmithSupreme Court of North Carolina · 1838
- Green v. . HarshawSupreme Court of North Carolina · 1924