Supreme Court of North Carolina, 1811

Den on Demise of Dunstan v. Smithwick

Den on Demise of Dunstan v. Smithwick
Supreme Court of North Carolina · Decided July 5, 1811 · BY THE COURT.
6 N.C. 59

Den on Demise of Dunstan v. Smithwick

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.