Legal Opinion

Bunn v. Braswell.

Supreme Court of North Carolina

Decided September 25, 1906PublishedCited by 4 opinions

Pbxitiof by tbe plaintiff to rebear tbis canse, wbicb was decided at tbe Eall Term, 1905, and reported in 139 N. 0., 135.

1Opinion of the CourtBeown, J.

Tbe petition to rebear tbis case assigns two errors in tbe opinion of tbe Court: 1. Eor that tbe Court in its application of tbe law to tbe facts of tbe case inadvertently added to tbe facts wbicb were agTeed upon in tbe lower Court and upon wbicb tbe Court’s judgment was hypothe-cated, a finding of fact not in tbe record and not actually existing, viz., that tbe relation of mortgagor and mortgagee subsisted between tbe plaintiff and tbe defendant at tbe time of tbe institution of tbe action in ejectment in 1888.

2. Eor that, granting tbe correctness of every legal proposition laid down by tbe…

2Cited by4 opinions

  1. Leonard v. WesternMontana Supreme Court · 1925
  2. Bernstein v. BlumenthalSupreme Judicial Court of Maine · 1928
  3. Citizens Bank v. RobinsonSupreme Court of North Carolina · 1931
  4. Malone v. NelsonSupreme Court of Alabama · 1936

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