Southerland v. . Harper
Supreme Court of North Carolina
Appeal from an order vacating an injunction made on the 18th of February, 1880, at Chambers (in an action brought to Spring Term, 1880 of Caldwell Superior Court) by Avery, J. James Mobley of Fairfield district in South Carolina died in 1852 intestate, leaving him surviving Elizabeth Mobley, his widow and nin.e children, of -whom the feme-plaintiff, then an infant of tender age was one, and seized of a comfortable real and personal estate of which the widow and S. F. Mobley,…
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Appeal from an order vacating an injunction made on the 18th of February, 1880, at Chambers (in an action brought to Spring Term, 1880 of Caldwell Superior Court) by Avery, J. James Mobley of Fairfield district in South Carolina died in 1852 intestate, leaving him surviving Elizabeth Mobley, his widow and nin.e children, of -whom the feme-plaintiff, then an infant of tender age was one, and seized of a comfortable real and personal estate of which the widow and S. F. Mobley, one of the sons, became administratrix and administrator, and in' a short time they paid off the debts of the estate…
1Opinion of the Court
Dillard, J.,
after stating the case. From the view taken of the case by this court, it was not necessary that His Honor nor that we should find from the affidavits any facts other than those hereinbefore recited as we are' of opinion that the plaintiffs on their own showing were not entitled to a continuance of the injunction.
It is a fact shown by the plaintiffs and admitted by defendant, .that the tract of land mentioned in the pleadings was conveyed by Elizabeth Mobley before the recovery of judgment by defendant, and this being so, the deed was good between the parties and had the operation…
2Cited by7 opinions
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- Hutaff v. . AdrianSupreme Court of North Carolina · 1893
- Coolidge v. ForwardOregon Supreme Court · 1883
- McLean v. . ShawSupreme Court of North Carolina · 1899
- B. R. Browning & Son v. LavenderSupreme Court of North Carolina · 1889
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