Henderson v. . Hoke
Supreme Court of North Carolina
The original bill charged, that in April, 1826, one Joseph Wier entered into recognizance to the state in a large sum' in the Superior Court of Lincoln, which he forfeited in October, 1826: that such proceedings were thereon had, that judgment was rendered in favour of the state; on which execution was sued out and a sale made by the sheriff of Lincoln, on the twenty-second day of October, 1827, of the lands in controversy in this suit, when the plaintiff became the…
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The original bill charged, that in April, 1826, one Joseph Wier entered into recognizance to the state in a large sum' in the Superior Court of Lincoln, which he forfeited in October, 1826: that such proceedings were thereon had, that judgment was rendered in favour of the state; on which execution was sued out and a sale made by the sheriff of Lincoln, on the twenty-second day of October, 1827, of the lands in controversy in this suit, when the plaintiff became the purchaser, and afterwards took the sheriff’s deed, dated the twenty-sixth day of November, 1827. The title of Joseph Wier to the…
1Opinion of the Court
Ruffin, Chief Justice,
after stating the pleadings and proofs as above set forth, proceeded as follows: — The object of the original bill is to set up the.contract between the defendant and Joseph Wier; and, on the footing of it, to have a decree for a conveyance from the defendant of the title derived by the defendant under the deed made by Coulter. The equity is founded on'the existence and validity of the alleged contract, and the destruction or suppression of it by the defendant, with or without the privity of Joseph Wier, with the intent to defeat the claim of the state on the forfeited…
2Cited by13 opinions
- Bowen v. DardenSupreme Court of North Carolina · 1954
- McLain v. Taco Bell Corp.Court of Appeals of North Carolina · 2000
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Rowland Hardware & Supply Co. v. LewisSupreme Court of North Carolina · 1917
- Potts v. . LazarusSupreme Court of North Carolina · 1815
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