stephen.W. Isler v. . William Foy and F. B. Harrison
Supreme Court of North Carolina
This was a civil action brought to recover possession of a tract of land, tried before His Honor Judge Clarke, at the Spring Term 1871, of Jones Superior Court.
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This was a civil action brought to recover possession of a tract of land, tried before His Honor Judge Clarke, at the Spring Term 1871, of Jones Superior Court. Both the plaintiff and defendant Foy claimed under the defendant Harrison who disclaimed; plaintiff under a sheriff’s deed executed in pursuance of a sale under execution of the land as the property of Harrison on the 6th day of September, 1869. The defendant Foy claimed by virtue of a deed executed to him by Harrison in December, 1860, and registered until 1868 ; it was in evidence in behalf of the plaintiff, that the name of the…
1Opinion of the CourtRodman, J.
The plaintiff excepts that the Judge below erroneously declined to give several instructions which be was requested to give.
1. That as Harrison was the defendant in the execution under which the plaintiff purchased, and was in possession at the sale; and at the commencement of this action, lie could set up no defence against the plaintiff, except the invalidity of the execution, as to which there was no pretence. And also that Foy being the landlord of Harrison could make no defence that he could not.
It is conceded that if Harrison had been the only defendant, the plaintiff would have been…
2Cited by9 opinions
- Dew v. . PykeSupreme Court of North Carolina · 1907
- Phillips v. . JohnstonSupreme Court of North Carolina · 1877
- Maddrey v. . LongSupreme Court of North Carolina · 1882
- Bryant v. . KinlawSupreme Court of North Carolina · 1884
- Keathley v. . BranchSupreme Court of North Carolina · 1883
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