Baber v. Hanie
Supreme Court of North Carolina
Appeal by plaintiff from Webb', J., at April Term, 1913, of MECKLENBURG. . This is an action to recover money, and is based upon the following facts: The Forest Hill Eealty Company conveyed to S. M. Hanie a lot in the city of Charlotte, and S. M. Hanie gave to Forest Hill Eealty Company his notes for the purchase money of said’ lot and secured the same by deed of trust to James L. DeLaney.
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Appeal by plaintiff from Webb', J., at April Term, 1913, of MECKLENBURG. . This is an action to recover money, and is based upon the following facts: The Forest Hill Eealty Company conveyed to S. M. Hanie a lot in the city of Charlotte, and S. M. Hanie gave to Forest Hill Eealty Company his notes for the purchase money of said’ lot and secured the same by deed of trust to James L. DeLaney. The Forest Hill Eealty Company- assigned said notes to J. J. Harrill, who, in turn, transferred the same to the plaintiff. S. M. Hanie executed a second deed of trust to A. P. Eucker to secure an…
1Opinion of the Court
Walker, J.,
after stating the case: The court should not have ordered an amendment of the original complaint. It was quite sufficient, in its allegations, to warrant a recovery upon the theory of subrogation or that of contract. The prayer does not narrow the scope of the pleading to its own limits, but a party can recover now according to the facts he states in- his pleading, and not necessarily or only according to his prayer. Voorhees v. Porter, 134 N. C., 591; Knight v. Houghtalling, 85 N. C., 17; Council v. Bailey, 154 N. C., 54; Silk Co. v. Spinning Co., ibid., 421, in which cases we…
2Cases cited16 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Keller v. AshfordSupreme Court of the United States · 1890
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
11 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Keen v. ParkerSupreme Court of North Carolina · 1940
- Keen v. . ParkerSupreme Court of North Carolina · 1940
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
- Bolich v. Prudential Insurance Co. of AmericaSupreme Court of North Carolina · 1934
- Stevens v. . TurlingtonSupreme Court of North Carolina · 1923
30 more not listed; retrieve them via the Exa API.