Brittain v. . Mull
Supreme Court of North Carolina
Parties — Judgment—Jurisdiction. This was a special PROCEEDING, heard by MacRae, J, on the Spring Circuit, 1887, upon an appeal from the Clerk of the Superior Court of Burke County.
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Parties — Judgment—Jurisdiction. This was a special PROCEEDING, heard by MacRae, J, on the Spring Circuit, 1887, upon an appeal from the Clerk of the Superior Court of Burke County. This action was commenced in the Superior Court of Burke, before the Clerk, in February, 1880, by the plaintiff, who is the widow of James Brittain, who died intestate in 1876, possessed of the lands described in the petition, against the administrator and heirs at law of her deceased' husband, and Sarah Mull, as the purchaser of the land of the deceased husband, at a sale thereof made, to. make assets to pay the…
1Opinion of the Court
Davis, J.,
(after stating the case). This is the third time ■that this ease has been before this Court.
The first appeal (91 N. C., 498) was from the refusal of the Court below to grant the three motions made at Spring Term, 1883, as set out in this case.
The second (94 N. C., 595) was from the refusal to-grant the motions of the plaintiff on the return of the certificate from the Supreme Court in the first appeal.
When the second appeal was before this Court, it was said “ that the Clerk, acting as and for the Court,” ought to have decided any question properly presented by the pleadings, and…
2Cases cited6 opinions
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Hare v. . HollomonSupreme Court of North Carolina · 1886
- Grantham v. . KennedySupreme Court of North Carolina · 1884
- Ward v. . LowndesSupreme Court of North Carolina · 1887
- Riggan v. . GreenSupreme Court of North Carolina · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Luhrs v. HancockSupreme Court of the United States · 1901
- Weeks v. McPhail.Supreme Court of North Carolina · 1901
- Henderson v. . MooreSupreme Court of North Carolina · 1899
7 more not listed; retrieve them via the Exa API.