Credle v. . Gibbs
Supreme Court of North Carolina
This was a summary proceeding in ejectment commenced before a Justice of the Peace, under the provisions of tbe Act of 1868-’69, ch. 156, sec. 31. Tbe plaintiff claimed title to tbe lands, in controversy under a Sheriff’s deed against tbe defendant in tbe execution under wbicb tbe lands were sold.
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This was a summary proceeding in ejectment commenced before a Justice of the Peace, under the provisions of tbe Act of 1868-’69, ch. 156, sec. 31. Tbe plaintiff claimed title to tbe lands, in controversy under a Sheriff’s deed against tbe defendant in tbe execution under wbicb tbe lands were sold. Tbe Justice gave a judgment for tbe defendant, , from wbicb tbe plaintiff appealed to tbe Superior Court, where tbe defendant again bad a judgment, from which tbe plaintiff appealed to tbe Supreme Court. It is unnecessary to state tbe grounds of defence taken before tbe Justice and in tbe Superior…
1Opinion of the CourtDick, J.
The Constitution establishes various Courts for the administration of justice, and in some degree defines their jurisdiction.
By reference to Art. 4, secs. 15 and 33, it appears that all civil actions in which the title to real estate comes in controversy, belong to the exclusive original jurisdiction of the Superior Court, and the General Assembly has no power to confer this jurisdiction upon any other Court. Therefore the 31st sec. of ch. 156 of the Acts of 1868-’69, is unconstitutional, for in actions by purchasers under execution sale to recover possession of land, the title must…
2Cited by7 opinions
- Hauser v. . MorrisonSupreme Court of North Carolina · 1907
- Simons v. . LebrunSupreme Court of North Carolina · 1941
- Howell v. . BransonSupreme Court of North Carolina · 1946
- Hughes v. . MasonSupreme Court of North Carolina · 1881
- P. N. Dulin v. Walker Howard.Supreme Court of North Carolina · 1872
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