Wilson v. . Fisher
Supreme Court of North Carolina
AotioN tried before Neal, J., and a jury, at February Term, 1905, of PeNdeb. On and prior to 8 December, 1894, Oallie F. Wilson, wife of plaintiff Gr. W. Wilson and mother of the other plaintiffs, was the owner of the land in controversy.
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AotioN tried before Neal, J., and a jury, at February Term, 1905, of PeNdeb. On and prior to 8 December, 1894, Oallie F. Wilson, wife of plaintiff Gr. W. Wilson and mother of the other plaintiffs, was the owner of the land in controversy. She had joined with her husband in-the execution of a mortgage on said land’ to Gibson James for the purpose of securing the payment of a debt of her said husband, amounting” on said date, 8 December, 1894, to the sum of $100. The debt was overdue and Mr. James was pressing Wilson for payment. In this condition of affairs defendant Fisher says: “Wilson had…
1Opinion of the CourtCoNNOR, J.
We are of the opinion that, if there had been any controverted allegations of fact, the more orderly course of procedure would have dictated to plaintiffs to note their exception and await the verdict under the instruction of the court, noting exceptions as they may have been advised. By declining the instruction asked his Honor did not intimate, that they could not recover, thereby driving them to elect whether they would submit to a nonsuit or have g judgment against them. Lt may be that his Honor was of the opinion that the legal character of the instruction was dependent upon the…
2Cases cited3 opinions
- Robinson v. Willoughby.Supreme Court of North Carolina · 1871
- Bunn v. BraswellSupreme Court of North Carolina · 1905
- Poindexter v. . McCannonSupreme Court of North Carolina · 1830
3Cited by12 opinions
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
- Bromley v. BromleyCourt of Appeals of Georgia · 1962
- Worley, Receiver v. CarterSupreme Court of Oklahoma · 1912
- Humble Oil & Refining Co. v. DoerrNew Jersey Superior Court Appellate Division · 1973
- Walston v. TwifordSupreme Court of North Carolina · 1958
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