Doe Ex Dem. Gorham v. Brenon
Supreme Court of North Carolina
From Pith. Ejectment originally commenced in the County Court, at M,ay Term, 1823, against the Defendant Bre-non alone. At November Term, 1824, of the County Court, Mooring, upon his own motion, was made a Defendant. On the trial, before his honor Judge Norwood, on the last Fall Circuit, the lessor of the Plaintiff produced a judgment and execution against John Brenon, anda Sheriff’s deed to him for the premises in dispute.
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From Pith. Ejectment originally commenced in the County Court, at M,ay Term, 1823, against the Defendant Bre-non alone. At November Term, 1824, of the County Court, Mooring, upon his own motion, was made a Defendant. On the trial, before his honor Judge Norwood, on the last Fall Circuit, the lessor of the Plaintiff produced a judgment and execution against John Brenon, anda Sheriff’s deed to him for the premises in dispute. He then proved that John Brenon died in possession of the land, and that the Defendant Catharine was his widow, and it was admitted tiiat she continued the possession as…
1Opinion of the Court
Henderson, Chief-Justice.
I think that the presiding Judge was right in all bis positions; first, as to the want of an issue between the Plaintiff and the Defendant Mooring. When the latter, upon his own motion, was made Defendant after issue joined between the Plaintiff and the other Defendant, and offered no new or additional plea, he very clearly adopted her defence and her pleas. Secondly, as to the advice, which the Defendant called on the Court to give to the jury, that the lessor of the Plaintiff took no estate by his deed from the. Sheriff, I also think that the Judge was right. For as…
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