Bynum v. Wicker.
Supreme Court of North Carolina
ActioN by T. M. Bynum against J. M. Wicker and Milo Fields, pending in tbe Superior Court of Moobe County, heayd by consent by Judge Fred Moore, at Wadesboro, on tbe 16tb day of January, 1906, upon a motion by tbe plaintiff to continue a restraining order theretofore granted, to tbe final bearing of tbe cause. From an order refusing to continue tbe injunction to tbe bearing, tbe plaintiff appealed.
1Opinion of the CourtClark, C. J.
Edward Fields and wife were tenants by entirety of tbe tract in .question. Edward Fields, without tbe joinder of bis wife, mortgaged tbe land to John E. Lane. Tbe land was sold under tbe power of sale in tbe mortgage and tbe plaintiff bolds by mesne conveyance from tbe purchaser at such sale. This is a proceeding for an injunction against the defendants, wbo are the agents of Edward Fields and bis wife, to prevent their cutting the timber on said land.
This estate by entirety is an anomaly and it is perhaps an oversight that jfche Legislature has not changed it into a co-tenancy, as has been…
2Cases cited3 opinions
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- Irvin v. . ClarkSupreme Court of North Carolina · 1887
- Long v. . BarnesSupreme Court of North Carolina · 1882
3Cited by31 opinions
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- McKinnon, Currie & Co. v. CaulkSupreme Court of North Carolina · 1914
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