Henning v. . Warner
Supreme Court of North Carolina
This is a special proceeding in which the plaintiffs,, claiming to be tenants in common with the defendant of a tract of land, prayed for a sale for the purpose of partition.
Read the full summary
This is a special proceeding in which the plaintiffs,, claiming to be tenants in common with the defendant of a tract of land, prayed for a sale for the purpose of partition. On a plea of sole seizin it was transferred to the civil issue docket of the Superior Court of Forsyth County, and tried at the February Term, 1891, before Bynum, J. The land was known as lot number 8, which was assigned to Elizabeth, the widow of J. A, Henning, by consent, for her life-time in lieu of dower. She died in 1844, when the seven heirs at law, children of her marriage with J. A. Henning, held the land as…
1Opinion of the CourtAveby, J.
after stating the case, proceeded : “ Alternative or conditional judgments at law are void in civil as well as in criminal cases.” Strickland v. Cox, 102 N. C., 411; In re Deaton, 105 N. C., 59. The order made at October Term, 1890, that the action should stand dismissed, if no bond should be filed by defendant before Tuesday of the next term, was very properly disregarded by the Judge who presided subsequently and tried the issue involving the title of the defendant. It was not necessary to set aside the order or to formally declare it void. It was competent to treat it as a nullity by…
2Cases cited6 opinions
- In Re DeatonSupreme Court of North Carolina · 1890
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Avent v. ArringtonSupreme Court of North Carolina · 1890
- Allen v. . SalingerSupreme Court of North Carolina · 1889
- Strickland v. CoxSupreme Court of North Carolina · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Nathan v. Charlotte Street Railway Co.Supreme Court of North Carolina · 1896
- Long v. . TranthamSupreme Court of North Carolina · 1946
- Beitz v. BuendigerSupreme Court of Minnesota · 1919
- Laing v. LewisCourt of Appeals of North Carolina · 1999