Fowler v. Winders
Supreme Court of North Carolina
Appeal by plaintiffs from Granmer, J., at chambers in Kenansville," 15 December, 1922, from SampsoN. On 5 July, 1920, tbe plaintiffs, J. E. Fowler and P. F. Stevens, and tbe defendant J. B. Winders conveyed tbe hotel and lot in Clinton to tbe plaintiff F. JL Partrick for tbe sum of $20,000, one-third of wbicb was paid in cash and notes given for tbe deferred payment secured by deed in trust to A. M. Graham, trustee, and duly recorded.
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Appeal by plaintiffs from Granmer, J., at chambers in Kenansville," 15 December, 1922, from SampsoN. On 5 July, 1920, tbe plaintiffs, J. E. Fowler and P. F. Stevens, and tbe defendant J. B. Winders conveyed tbe hotel and lot in Clinton to tbe plaintiff F. JL Partrick for tbe sum of $20,000, one-third of wbicb was paid in cash and notes given for tbe deferred payment secured by deed in trust to A. M. Graham, trustee, and duly recorded. There being default in payment, Partrick and vendors reached an agreement whereby on 31 March, 1921, Partrick agreed to reconvey the same to saicl Fowler,…
1Opinion of the CourtOlaek, C. J.
Tbe plaintiffs appealed upon tbe ground tbat tbe consent order could not be modified by tbe court.
This consent order was an interlocutory order in the cause, and has validity because of the approval of the judge, and was subject to modification by the judge like any other interlocutory order, provided it did not infringe upon the rights of the parties, which does not appear.
The principle tbat in the absence of fraud and mistake a consent judgment cannot be modified except by consent applies to final judgments; and, also, where a party has acquired rights in the final result which would be…
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