Rogers v. . Holt
Supreme Court of North Carolina
Bill, filed at Fall Term, 1866, of the Court of Equity for Alamance, at which term a demurrer was put in, and the cause set down for argument, and transferred to this court.
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Bill, filed at Fall Term, 1866, of the Court of Equity for Alamance, at which term a demurrer was put in, and the cause set down for argument, and transferred to this court. The bill alleged, that at Fall Term, 1862, of the Court of Equity for Alamance county, the complainants had filed a petition to sell a tract of land, (describing it) of which they were tenants in common, that the sale having been ordered, the defendant Holt, upon the 24th of January, 1863, became the last and highest bidder at the price of $7,257.51, and gave bond with a surety therefor; that in November, 1863, one…
1Opinion of the CourtBattle, J.
It is a well settled principle of equity pleading, that a decree substantially between the same parties and for the same subject matter, which is in its nature final, or may be afterwards made so by order of the court, is a bar to a new suit for the same cause. Story’s Eq. PL, sec. 791; Mit. Eq. PL, by Jeremy, p. 237.
It is usual to plead a decree in a former suit in bar to a second suit for the same thing, but when the second bill itself sets forth the substance of the pleadings in the former suit and the decree given in it, and alleges facts which, if established, would entitle the…
Also in this document: Per curiam.
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