Molyneux v. Huey
Supreme Court of North Carolina
MotioN to set aside a Judgment, beard at Spring Term, 1879, of HendersoN Superior Court, before Gudger, J. The motion was allowed upon the facts set out in the opinion, and the plaintiffs appealed. Cited and commented upon sections 133 and 343 of the code; Faison v. Mcllwaine, 72 N. C., 312; Jones y. Boyd, 80 N. C., 258; Harshaw y.
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MotioN to set aside a Judgment, beard at Spring Term, 1879, of HendersoN Superior Court, before Gudger, J. The motion was allowed upon the facts set out in the opinion, and the plaintiffs appealed. Cited and commented upon sections 133 and 343 of the code; Faison v. Mcllwaine, 72 N. C., 312; Jones y. Boyd, 80 N. C., 258; Harshaw y. McKesson, 66 N. C., 266; Hervey v. Edmunds, 68 N. C., 243. As to signing judgment out of term time, the case of Harrell v. Peebles, 79 N. -C., 26, does not apply, being different in its facts from our case. After remarking upon the authorities relied on for…
1Opinion of the CourtAshe, J.
The facts of the case necessary to the consideration of the exceptions taken by the plaintiffs, are, that the defendant Mary Huey on the 29th of July, 1875, purchased from the plaintiffs a tract of land lying in the county of Henderson, together with a considerable amount of personal proj)erty, for which she agreed to pay eleven thousand dollars, and after paying four thousand dollars executed a deed of trust to J. G. Martin as trustee for the benefit of the plaintiffs to secure the balance of the purchase money due by in-stalments and secured by notes endorsed by her husband, the other…
2Cases cited9 opinions
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873
- Moore v. . GidneySupreme Court of North Carolina · 1876
- Huggins v. KingNew York Supreme Court · 1848
- J. N. Harshaw v. . Wm. F. McKessonSupreme Court of North Carolina · 1872
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3Cited by23 opinions
- Sanders v. StateIndiana Supreme Court · 1882
- Nealis v. DicksIndiana Supreme Court · 1880
- Bynum v. . PoweSupreme Court of North Carolina · 1887
- Grant v. . HughesSupreme Court of North Carolina · 1887
- Shackelford v. . MillerSupreme Court of North Carolina · 1884
18 more not listed; retrieve them via the Exa API.