In Re Propst
Supreme Court of North Carolina
MotioN in a civil action for enjoining the sale of tbe ward’s land by tbe guardian, beard by Guión, J., at March Term, 1901, of tbe Superior Court of Burke County. Mrs. Laura Carswell was adjudged by tbe Clerk of tbe Superior Court, in a proceeding instituted before him, to be an idiot, unable to attend to her affairs. Tbe petitioner J. P. Propst was appointed her guardian.
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MotioN in a civil action for enjoining the sale of tbe ward’s land by tbe guardian, beard by Guión, J., at March Term, 1901, of tbe Superior Court of Burke County. Mrs. Laura Carswell was adjudged by tbe Clerk of tbe Superior Court, in a proceeding instituted before him, to be an idiot, unable to attend to her affairs. Tbe petitioner J. P. Propst was appointed her guardian. In. a few days after bis appointment be filed bis petition in tbe Superior Court, setting forth that bis ward was tbe owner of an undivided one-fiftb interest in a tract of land covered by a dower; that she bad no other…
1Opinion of the Court
Connor, J.,
after stating the case: While we are of the opinion that his Honor properly refused to dismiss the motion of Mrs. Carswell and continued the restraining order, we do not intend to suggest that either the guardian or Mrs. Propst have been prompted in the action by any purpose to take any unfair advantage of Mrs. Carswell or deprive her of her property. We think that his Honor had jurisdiction to make the order and either to hear himself, or direct the Clerk to hear, the evidence upon the motion made by Mrs. Carswell and make such orders as were proper. It is evident 'that, in the…
2Cases cited7 opinions
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Mason and Another v. . MilesSupreme Court of North Carolina · 1869
- Settle v. Settle.Supreme Court of North Carolina · 1906
- Lord v. . BeardSupreme Court of North Carolina · 1878
- Murrill v. . MurrillSupreme Court of North Carolina · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re ThomasSupreme Court of North Carolina · 1976
- In Re Simmons Ex Rel. FrinkSupreme Court of North Carolina · 1962