Legal Opinion

Johnson v. . Pate

Supreme Court of North Carolina

Decided February 5, 1884PublishedCited by 12 opinions

EjectMENT tried at Spring Term, 1883, of Chaven1 Superior Court, before Philips, J. The defendant appealed.

1Opinion of the CourtSmith, C. J.

The plaintiff sets up title to the land, the possession of which he seeks to recover, by virtue, of a sale and conveyance from the mortgagee acting under the authority of ■the deed of a former owner, and also by reason of an estoppel arising out of a judgment recovered by him against the defendant in a former action, involving the title to the same land, a copy of the proceedings in which is annexed to the complaint.

The defendant in general terms denies the plaintiffs’ asserted ■ownership, and avers that he “ has1 no knowledge or information sufficient to form a belief” as to “the allegations…

2Cases cited5 opinions

  1. Wilson v. RayIndiana Supreme Court · 1865
  2. Davis v. . HigginsSupreme Court of North Carolina · 1882
  3. Harkey v. . HoustonSupreme Court of North Carolina · 1871
  4. Nispel v. LaparleIllinois Supreme Court · 1874
  5. Johnson v. . RowlandSupreme Court of North Carolina · 1879

3Cited by12 opinions

  1. Plemmons v. Southern Improvement Co.Supreme Court of North Carolina · 1891
  2. Frye v. MileyWest Virginia Supreme Court · 1903
  3. Marsh v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
  4. School Directors v. . AshevilleSupreme Court of North Carolina · 1905
  5. School Directors v. City of AshevilleSupreme Court of North Carolina · 1905

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