McLean v. . Shaw
Supreme Court of North Carolina
ActioN to remove cloud upon title of plaintiff to land claimed by ber, pending in tbe Superior Court of Swain County, heard before Moore, J., a.t Chambers, 26th August, 1899, upon a motion to continue an injunction order to the final hearing. Motion allowed. Defendant appealed. The case is fully stated in the opinion.
1Opinion of the CourtMontgomuRY, J.
A tract of land claimed by the plaintiff was about to be sold under an execution which was issued upon a judgment rendered in favor of the defendant against P. P. McLean; the husband of the plaintiff, when the plaintiff commenced this action under chap. 6 of the Laws of 1893, to remove an alleged cloud from her title caused by the judgment and execution. A restraining order was made against the defendant enjoining him from making the sale under the execution, and the same was afterwards continued until the final hearing. The affidavits filed in the cause show that there is an issue as to the…
2Cases cited4 opinions
- Daniels v. . FowlerSupreme Court of North Carolina · 1897
- McNamee v. . AlexanderSupreme Court of North Carolina · 1891
- Bristol v. HallyburtonSupreme Court of North Carolina · 1885
- Southerland v. . HarperSupreme Court of North Carolina · 1880
3Cited by8 opinions
- Crockett v. . BraySupreme Court of North Carolina · 1910
- Connor v. Dillard.Supreme Court of North Carolina · 1901
- Zion's Savings Bank & Trust Co. v. State Tax Commission (In re Reynolds' Estate)Utah Supreme Court · 1936
- Swindell v. . SmawSupreme Court of North Carolina · 1911
- Mizell v. . BazemoreSupreme Court of North Carolina · 1927
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