Jones v. . Pullen
Supreme Court of North Carolina
Civil actioN, heard úpon exceptions to referee’s report, before Hoke, J., at April Term, 1894, of Wake Superior Court. The plaintiffs sought to recover from the defendant certain lands, which he had bought at a sale under a mortgage and deeds of trust executed by the plaintiff to him.
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Civil actioN, heard úpon exceptions to referee’s report, before Hoke, J., at April Term, 1894, of Wake Superior Court. The plaintiffs sought to recover from the defendant certain lands, which he had bought at a sale under a mortgage and deeds of trust executed by the plaintiff to him. The action was begun October 13, 1893. The findings of the referee, Mr. R. 0. Burton, were as follows: “ 3. On the_day of_, 18 — , one Elizabeth T. Jones died domiciled in Wake County, leaving a last will and testament, which was afterwards duly probated, and a copy of which is hereto attached, marked ‘ Exhibit…
1Opinion of the Court
Shepherd, C. J.:
On a previous investigation of this case, we were of the opinion that the decision in Joyner v. Farmer, 78 N. C., 196, would amply sustain the action of his Honor in denying the plaintiffs the relief prayed for. The delay of the plaintiffs of over five years after the sale and their surrender of possession (there being no fraud, and the price being reasonable) were sufficient under the principle of the above-mentioned case to bar the plaintiffs of their alleged right of election to set aside the sale. Our attention, however, has been called to the more recent case of Bruner v.…
2Cases cited11 opinions
- Froneberger v. . LewisSupreme Court of North Carolina · 1878
- Bruner v. . ThreadgillSupreme Court of North Carolina · 1883
- Gibson v. . BarbourSupreme Court of North Carolina · 1888
- Dexter v. ShepardMassachusetts Supreme Judicial Court · 1875
- McLeod v. . BullardSupreme Court of North Carolina · 1882
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3Cited by18 opinions
- Morehead v. HarrisSupreme Court of North Carolina · 1964
- Tuttle v. TuttleSupreme Court of North Carolina · 1907
- Hayes v. PaceSupreme Court of North Carolina · 1913
- Lawrence v. . BeckSupreme Court of North Carolina · 1923
- Lockridge v. SmithSupreme Court of North Carolina · 1934
13 more not listed; retrieve them via the Exa API.