Den on Demise of Dunstan v. Smithwick
Supreme Court of North Carolina
Den on Demise of Dunstan v. Smithwick, 6 N.C. 59 (N.C. 1811)
BY THE COURT.
Den on Demise of Dunstan v. Smithwick
Opinion of 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.
Reference
- Full Case Name
- Den on Demise of Dunstan v. S. Smithwick.
- Status
- Published