Simonton v. . Cornelius
Supreme Court of North Carolina
Civil action, tried at February Term, 1887, of Iredell Superior Court, before Gilmer, Judge, and a jury. This action, begun on January 20th, 1886, by the plaintiffs against the defendants, is to impeach certain proceedings heretofore had in the Court of Equity of Iredell county, under the final decree in which, and the deed made by the Clerk and Master pursuant thereto, the defendant, Joseph Simonton, derived title to the land in controversy.
Read the full summary
Civil action, tried at February Term, 1887, of Iredell Superior Court, before Gilmer, Judge, and a jury. This action, begun on January 20th, 1886, by the plaintiffs against the defendants, is to impeach certain proceedings heretofore had in the Court of Equity of Iredell county, under the final decree in which, and the deed made by the Clerk and Master pursuant thereto, the defendant, Joseph Simonton, derived title to the land in controversy. The answer meets all the allegations of fraud and unfair practices in the institution and conducting of the suit to a final determination by a direct…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The land in controversy belonged to one Joseph Byers, who died in 1844, leaving a will, wherein he appoints his two sons-in-law executors, of whom the said Joseph C. alone qualified.
In one of the clauses of the will the testator makes the following disposition of real and personal estate:
“1st. I give and bequeath to my daughter, Jane Julia Si-monton, the land I now live upon, composed of two tracts, to-wit, the McKee tract, and the other a State grant, supposed, when united, to contain 440 acres; also the tracts of land called the Kerr tracts, supposed,…
2Cases cited1 opinion
- Long v. . BarnesSupreme Court of North Carolina · 1882
3Cited by17 opinions
- Harrison v. . RaySupreme Court of North Carolina · 1891
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- Johnson v. . LeavittSupreme Court of North Carolina · 1924
- Freeman v. BelferSupreme Court of North Carolina · 1917
- Bank v. . McEwenSupreme Court of North Carolina · 1912
12 more not listed; retrieve them via the Exa API.