McIver v. Stephens
Supreme Court of North Carolina
Civil ACTION, to recover land, tried before Avery, J., at August Term, 1888, of the Superior Court of Harnett County. It is admitted that both plaintiffs and defendants claim title to the land in question through Jones Stephens, and that defendants were in possession when the action was brought, and are still in possession The plaintiffs allege that Jones Stephens died seized and possessed of the land described in the complaint; that on the 12th day of June, 1880, the…
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Civil ACTION, to recover land, tried before Avery, J., at August Term, 1888, of the Superior Court of Harnett County. It is admitted that both plaintiffs and defendants claim title to the land in question through Jones Stephens, and that defendants were in possession when the action was brought, and are still in possession The plaintiffs allege that Jones Stephens died seized and possessed of the land described in the complaint; that on the 12th day of June, 1880, the defendants Sarah E. Stephens and J. L. Stephens, executrix and executor of Jones Stephens, filed a petition in the Superior…
1Opinion of the Court
Davis, J.,
(after statmg the case). The learned counsel for the defendants in his brief insists that the special pr> ceed-ings, under which the land in question was sold, were irregular and invalid, and that the deed of the commissioner, under which the plaintiffs claim, “ is fraudulent, inoperative, and void.”
It is said that Burton P. Stephens was a minor when the petition ivas filed in June, 1880, and that no answer was put in by him. Though he was a minor when the petition was filed in June, 1880, it further appears from the record that the summons was served on him in May, 1882, and he was…
2Cases cited4 opinions
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- England v. . GarnerSupreme Court of North Carolina · 1884
- Edwards v. . MooreSupreme Court of North Carolina · 1888
- Grimes v. . TaftSupreme Court of North Carolina · 1887
3Cited by1 opinion
- Barcello v. . HapgoodSupreme Court of North Carolina · 1896