Murrill v. . Murrill
Supreme Court of North Carolina
PETITION for partition heard at Fall Term, 1883, of Onslow Superior Court, before Philips, J. This suit was brought to the spring term, 1851, of the late court of equity in and for Onslow county, to sell the lands mentioned in the pleadings for partition. The lands were sold and notes taken from the purchaser for the purchase money, in pursuance to the decree of the court.
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PETITION for partition heard at Fall Term, 1883, of Onslow Superior Court, before Philips, J. This suit was brought to the spring term, 1851, of the late court of equity in and for Onslow county, to sell the lands mentioned in the pleadings for partition. The lands were sold and notes taken from the purchaser for the purchase money, in pursuance to the decree of the court. These notes were never paid, the makers thereof having become insolvent, and there was never any .order directing the title to the land to be conveyed to the purchaser. Nevertheless, the commissioner who sold the land…
1Opinion of the Court
Meebimon, J.,
after stating the above. It is very clear that it was the duty of the superior court to proceed in the case in. that court, in strict accordance with the decree of affirmance in this court. Indeed, it had no authority to modify or change in any material respect the decree affirmed. The latter decree is conclusive as to the matters embraced by it, and the court below had no power to review, correct or modify it. Any further action taken in the case must be in pursuance of and consistent with it. ■
Upon the plainest principle, the courts, whose judgments and decrees are reviewed by…
2Cases cited4 opinions
- Calvert v. . PeeblesSupreme Court of North Carolina · 1880
- Perry v. . TupperSupreme Court of North Carolina · 1874
- Welch v. . KingslandSupreme Court of North Carolina · 1883
- Rush v. Halcyon Steamboat Co.Supreme Court of North Carolina · 1873
3Cited by8 opinions
- D & W, INC. v. City of CharlotteSupreme Court of North Carolina · 1966
- Collins v. SimmsSupreme Court of North Carolina · 1962
- Lea Company v. Narth Carolina Bd. of TransportationSupreme Court of North Carolina · 1989
- Tussey v. . OwenSupreme Court of North Carolina · 1908
- Chavis v. . BrownSupreme Court of North Carolina · 1917
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