Den on Demise of Dunstan v. Smithwick

Supreme Court of North Carolina

Den on Demise of Dunstan v. Smithwick

6 N.C. 59

DecidedJuly 5, 1811

StatusPublished

This text of 6 N.C. 59 (Den on Demise of Dunstan v. Smithwick) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Den on Demise of Dunstan v. Smithwick, 6 N.C. 59 (N.C. 1811).

Pincite

Opinion

By the Court.

We concur in opinion with the presiding Judge. It would be a departure from long established principle to go into an examination of equitable claims' upon the trial of an ejectment. • A Court of Law is not the proper Forum for such an examination. If the Defendant be entitled to relief, he will obtain it upon application to the proper Forum, and obtain it at the costs of the lessor of the Plaintiff. Let. the rule be discharged.

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By the Court.

We concur in opinion with the presiding Judge. It would be a departure from long established principle to go into an examination of equitable claims' upon the trial of an ejectment. • A Court of Law is not the proper Forum for such an examination. If the Defendant be entitled to relief, he will obtain it upon application to the proper Forum, and obtain it at the costs of the lessor of the Plaintiff. Let. the rule be discharged.

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Bluebook (online)

6 N.C. 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/den-on-demise-of-dunstan-v-smithwick-nc-1811.