Rowland v. Thompson
Supreme Court of North Carolina
This was a civil actioN, tried before Kerr, J. at the Spring Term, 1875, of RobesoN Superior Court. This action was brought by the feme plaintiffs, who were the minor children of William Blount, deceased, and his heirs at law, and their husbands, and Alfred Roland as guardian of Penelope Blount, one of the minor children, a feme sole against Joseph Thompson, the guardian of said minor children and the defendant Berry Godwin for the purpose: 1. Of cancelling a deed made by R.…
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This was a civil actioN, tried before Kerr, J. at the Spring Term, 1875, of RobesoN Superior Court. This action was brought by the feme plaintiffs, who were the minor children of William Blount, deceased, and his heirs at law, and their husbands, and Alfred Roland as guardian of Penelope Blount, one of the minor children, a feme sole against Joseph Thompson, the guardian of said minor children and the defendant Berry Godwin for the purpose: 1. Of cancelling a deed made by R. S. French, Clerk and Master in Equity, in accordance with.an order of the Court of Equity of Robeson county, which…
1Opinion of the CourtPeaksoN, C. J.
1. The position taken by the plaintiffs that the deed of the Clerk and Master is void because the Court had no power to order it to be executed, and consequently that the plaintiffs are entitled to judgment for the laud and mesne profits, cannot be sustained.
It is most usual for sales made by the order of a Court of Equity to be public sales, but the Court, as the guardian of *515infants, lias full power in regard to the mode of sale, and under special circumstances not only has power, but should, in the exercise of its discretion, authorize and confirm what is-called a private sale; that is, a…
2Cited by10 opinions
- Lide v. MearsSupreme Court of North Carolina · 1949
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Morris v. . GentrySupreme Court of North Carolina · 1883
- Barcello v. . HapgoodSupreme Court of North Carolina · 1896
- Wooten v. . CunninghamSupreme Court of North Carolina · 1916
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