Den on the demise of Faircloth v. Ingraham

Superior Court of North Carolina

Den on the demise of Faircloth v. Ingraham

2 N.C. 577

Superior Court of North Carolina·Decided September 15, 1797·Published

Opinion

Per curiam

Williams and Haywood, Justices.—

The demise is a mere fiction — the jury are not sworn upon that, but to try the title only. It may be amended at any-time, or the exception may be overlooked, as it was in 2 Bur>\ 1159, where the demise after the trial was found to be laid upon a time not yef come. The nonsuit was refused.

Note. — Vide Young v. Erwin, ante 323. Adams on Eject. 203, 204,

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Per curiam

Williams and Haywood, Justices.—

The demise is a mere fiction — the jury are not sworn upon that, but to try the title only. It may be amended at any-time, or the exception may be overlooked, as it was in 2 Bur>\ 1159, where the demise after the trial was found to be laid upon a time not yef come. The nonsuit was refused.

Note. — Vide Young v. Erwin, ante 323. Adams on Eject. 203, 204,

Den on the demise of Faircloth v. Ingraham, 2 N.C. 577 (N.C. Ct. App. 1797).

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