Wooten v. . Walters
Supreme Court of North Carolina
Civil action, tried at November Term, 1891, of Lenoir Superior Court, Boykin, J., presiding. plaintiff’s appeal. The plaintiff brought this action to avoid the contract and recover the real and personal property hereinafter specified. The case was, by consent of the parties, referred.
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Civil action, tried at November Term, 1891, of Lenoir Superior Court, Boykin, J., presiding. plaintiff’s appeal. The plaintiff brought this action to avoid the contract and recover the real and personal property hereinafter specified. The case was, by consent of the parties, referred. The material facts found by the referee are as follows : 1. That in the year 1889 the plaintiff and defendants formed themselves into a company and were incorporated under the name of the Kinston Oil Mill Company, for the purpose of manufacturing cotton-seed oil. 3. That no certificates or other evidence of…
1Opinion
This action is somewhat peculiar. Its purpose is to avoid a contract not reduced to writing in respect to real and personal property. The plaintiff recovered the real property, but not the personal property. As to the latter, the court by its judgment settled the rights of the parties favorably to the defendants. The court gave judgment against them for costs, and this they assigned as error. The statute (The Code, sec. 525) prescribes that costs shall be allowed of course in favor of the plaintiff upon a recovery in an action for the recovery of real property, or when a claim to real…
2Cases cited10 opinions
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Grocery Company v. Bag Company.Supreme Court of North Carolina · 1906
- Williams v. HughesSupreme Court of North Carolina · 1905
- Horton v. . HorneSupreme Court of North Carolina · 1888
- Wall v. . CovingtonSupreme Court of North Carolina · 1877
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