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30 N.C. 38

Stevens' Heirs v. Smith

Supreme Court of North Carolina

Decided December 5, 1847

Supreme Court of North Carolina · decided 1847-12-05

The plaintiffs obtained a certiorari, which the defendant moved to quash, because it was improvidently issued. The Court allowed the motion, and the plaintiffs appealed. Upon the affidavits and record the case is this. The plaintiffs were, for several years, in possession of a tract of land, claiming it in fee, and as descended from their father; and they leased it to Charles Turnage for the year 1845, and he took possession under his lease.

Decided 1847-12-05

Ruffin, C. J.

¶1 It is evident enough on thp affidavits, that the proceeding for a forcible entry and detainer in *39 this case, was a flagrant abuse of that remedy; and it is equally plain that there are gross errors in the proceedings, for which they ought to be reversed. We cannot but regret, that it is not in our power to deal with the case upon its merits. But the Court is obliged to sustain the decision of his Honor, inasmuch as Turnage, who was the party, does not complain, and his original landlords cannot intervene in a criminal proceeding, to which they were not parties.

¶2 Per Curiam. Judgment affirmed.

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