Legal Opinion

Rackley v. Roberts

Supreme Court of North Carolina

Decided March 25, 1908PublishedCited by 36 opinions

Actior tried before Biggs, J., and a jury, at August Term, 1907, of Duplin. This action was brought by the plaintiff to recover a one-seventh interest in the land described in the complaint. The tract of land originally belonged to Daniel Glisson, wbo died in April, 1880, leaving a will, in which, a one-seventh interest in the said land was devised to the feme plaintiff.

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Actior tried before Biggs, J., and a jury, at August Term, 1907, of Duplin. This action was brought by the plaintiff to recover a one-seventh interest in the land described in the complaint. The tract of land originally belonged to Daniel Glisson, wbo died in April, 1880, leaving a will, in which, a one-seventh interest in the said land was devised to the feme plaintiff. Mary Glisson, the widow of Daniel Glisson, qualified as his admin-istratrix with the will annexed, and on 2 November, 1881, instituted proceedings against the heirs and devisees of the testator for the sale of his lands for…

1Opinion of the Court

Waleer, J.,

after stating tbe case: Tbe question presented in tbe record is whether tbe validity of tbe special proceeding for tbe sale of tbe land can be attacked collaterally in a separate suit like this, where tbe ground of tbe attack is that process was not served upon tbe feme plaintiff, who was a defendant in that proceeding and at tbe time a minor, and in whose behalf a guardian ad litem was regularly aj)pointed and answered. It is true the plaintiff alleges that the judgment in the special proceeding was obtained by fraud and collusion, but there does not seem to be any evidence of it,…

2Cases cited32 opinions

  1. Carter v. . RountreeSupreme Court of North Carolina · 1891
  2. England v. . GarnerSupreme Court of North Carolina · 1884
  3. Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
  4. Matthews v. . JoyceSupreme Court of North Carolina · 1881
  5. Morris v. . GentrySupreme Court of North Carolina · 1883

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3Cited by36 opinions

  1. Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
  2. Harris v. . BennettSupreme Court of North Carolina · 1912
  3. Powell v. . TurpinSupreme Court of North Carolina · 1944
  4. Groves v. . WareSupreme Court of North Carolina · 1921
  5. Nowell v. BasnightSupreme Court of North Carolina · 1923

31 more not listed; retrieve them via the Exa API.

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