Vick v. . Tripp
Supreme Court of North Carolina
Appeal from Peebles, J., at the January Term, 1910, of Pitt. T. E. Cherry died in the spring of 1890, in Pitt County, leaving a last will and testament, which was duly admitted to probate. After bequeathing all his household and kitchen furniture and all other personal property in his house to his wife, Sallie A. Cherry, he devised all the balance of his estate to his four surviving children, to-wit, T. A. Cherry, E. D. Cherry, Mrs. Maggie S. James and Lillian Cherry.
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Appeal from Peebles, J., at the January Term, 1910, of Pitt. T. E. Cherry died in the spring of 1890, in Pitt County, leaving a last will and testament, which was duly admitted to probate. After bequeathing all his household and kitchen furniture and all other personal property in his house to his wife, Sallie A. Cherry, he devised all the balance of his estate to his four surviving children, to-wit, T. A. Cherry, E. D. Cherry, Mrs. Maggie S. James and Lillian Cherry. The balance of his estate consisted of several town lots and several parcels of farm lands, including the land involved in…
1Opinion of the CourtManning, J.
As an adjudication of the right, title or interest of the plaintiff in the common property, the judgment of the court in the special proceedings was a nullity. The plaintiff was not a party to that proceeding in name or by service of process, nor did anyone pretend to appear for or represent him. It is contended, however, that he is effectually concluded and estopped by that judgment as if he were a party thereto, because ten years thereafter he joined Mrs. S. A. Cherry — one of the parties to that proceeding — in a deed to one Brown, conveying one of the lots allotted to Mrs. Cherry, and…
2Cases cited9 opinions
- Davidson v. . ArledgeSupreme Court of North Carolina · 1883
- Den on Dem. of Everitt v. ThomasSupreme Court of North Carolina · 1840
- Norwood v. Lassiter.Supreme Court of North Carolina · 1903
- Tripp v. Nobles.Supreme Court of North Carolina · 1904
- Hemphill v. . AnnisSupreme Court of North Carolina · 1896
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3Cited by2 opinions
- Roberts v. . RobertsSupreme Court of North Carolina · 1855
- Vick v. . WootenSupreme Court of North Carolina · 1916