Ferrell v. . Broadway
Supreme Court of North Carolina
MottoN upon affidavits, to> set aside a, judgment rendered in this cause at August Term, 1887, for irregularity, beard before Bryan., J., at November Term, 1899, of LbNoie ■Superior Court. His Honor refused the motion to set aside. The plaintiffs excepted and appealed. The grounds of the application are stated in the opinion.
1Opinion of the CourtMontgomery, J.
At August Term, 1887, of Lenoir Superior Court, there was an action pending in which W. D. Broadway, M. L. Broadway and Alice (Broadway) Faulkner, were the plaintiffs, and E. S. Broadway, their brother,, was the defendant. The object of the suit was to> have the defendant declared a trustee for them of a certain tract of land which had been sold by a decree of the Superior Court, made at Fall Term, 1880, and which land at its sale was purchased, as tire plaintiffs allege, by the defendant, for their benefit. At the aforesaid August term of the court, the issues joined by the pleadings were…
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