McGehee v. . Tucker
This text of 29 S.E. 833 (McGehee v. . Tucker) 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.
Opinion
Whether the intestate of the defendant died seized of realty is an indispensable fact to be ascertained before the application of the Statute of Limitations can be determined. The pleadings raise an issue as to that fact, but counsel by agreement reserved the ascertainment thereof and speared a hypothetical proposition of law to the Court. The Court will not entertain fragmentary or premature appeals. Clark’s Code, Section 584, and cases cited. Hinton v. Ins. Co., 116 N. C., 22. As was said by Pearson, C. J., in Hamlin v. Tucker, 12 N. C., 502, the Court will not “take two bites at a cherry.”
Appeal dismissed.
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Cite This Page — Counsel Stack
29 S.E. 833, 122 N.C. 186, 1898 N.C. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgehee-v-tucker-nc-1898.