Legal Opinion

Lee v. . Howell .

Supreme Court of North Carolina

Decided June 5, 1873PublishedCited by 2 opinions

Civil action, tried before Tourgee, J., at the January Term, 1873, of Wayne Superior Court. The plaintiffs, as heirs at law of one Gaston H. Alford claim a certain tract of land in the possession of the defendants, and bring this suit for a recovery of the same, and for $10,000 damages.

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Civil action, tried before Tourgee, J., at the January Term, 1873, of Wayne Superior Court. The plaintiffs, as heirs at law of one Gaston H. Alford claim a certain tract of land in the possession of the defendants, and bring this suit for a recovery of the same, and for $10,000 damages. The defendants admit that the land belonged to the said Gaston H. Alford at the time of his death, and say that at Fall Term, 1853, the plaintiffs, who were minors, together with a sister, by their guardian, one 'Win. K. Lane, filed a petition in the Court of Equity of "Wayne county, praying a sale of the land…

1Opinion of the CourtBoyden, J.

In this case the land in controversy had been ordered to be sold upon the petition of the plaintiff. A sale had been regularly made by the clerk and master, a report thereof to the Court, this report had been regularly confirmed, the purchase money all paid to the petitioners the two owners of the land, and most of the proceeds of the sale by a regular proceeding in our Court, had been by order of Court, transferred to the State of Alabama, and passed over to the then guardian of the petitioners; and now the plaintiffs seek to recover this land on the ground that the first guardian, Lane,…

2Cases cited2 opinions

  1. Doe ex dem. Simmons v. HassellSupreme Court of North Carolina · 1873
  2. Hutchinson v. . SmithSupreme Court of North Carolina · 1873

3Cited by2 opinions

  1. Froneberger v. . LewisSupreme Court of North Carolina · 1878
  2. Mitchell v. ThompsonCourt of Appeals of Texas · 1926

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