The Southeastern Reporter 46

Cover The Southeastern Reporter 46
The Southeastern Reporter 46
West Publishing Company
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When this cause was called for trial at the October term of the superior coiu't of Carteret, pursuant to the Judgment of this court rendered at the February term, 1903 (44 S. B. S9, 61 L. R. A. 937), the plain- tiff company obtained leave of court, and, pursuant thereto^ amended its complaint, al- leging: "That the decision of the Supreme Court of North Carolina rendered In this cause at February term, 1908, impairs the obligation of the contract entered into be- tween the state of North Canrii...ua and its grantees, John M. Morehead and W. H. Aren- dell, in the grant from the state to said More- head and Arendell, of date May 24, 1866, and the obligation of the contract entered int» N.C.) HABGIITT ▼. BBLL.
T4» between said grantees and the plaintiff bj their deed to the plaintlfl, of date July 2, 1857. That said dedson of the Supreme Court l8 ylolatiye of the provisions of section 10, art 1, of the Constitution of the United States." The defendants, by way of answer, denied the averm^it contained in the amend- ment to the comphiint The parties there- upon entered into a written agreement of record that the court should determine the rights of the parties, and direct the jury to answer the issues upon the same eyldence, oral and documentary, set out in the case on appeal in this cause upon Hie trial before Judge Brown.


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