Covington v. . Ingram
Supreme Court of North Carolina
Motion to dismiss a rule theretofore obtained,, made before Buxton, J., at Eall Term 1869 of Anson Court. The facts were that at Eall Term 1859 of Anson Court of Equity, upon the petition of the plaintiffs and others, certain lands had been ordered to be sold, for partition; at Spring Term 1861, the Master reported that he had made the sale, and his report was confirmed: A_t Eall Term 1861, an order was made to collect the bonds given for the purchase money: In ’May 1863,…
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Motion to dismiss a rule theretofore obtained,, made before Buxton, J., at Eall Term 1869 of Anson Court. The facts were that at Eall Term 1859 of Anson Court of Equity, upon the petition of the plaintiffs and others, certain lands had been ordered to be sold, for partition; at Spring Term 1861, the Master reported that he had made the sale, and his report was confirmed: A_t Eall Term 1861, an order was made to collect the bonds given for the purchase money: In ’May 1863, the defendant, Ingram, who had purchased one of the tracts, paid the price to the Master, in Confederate, “money, and,…
1Opinion of the CourtSettle, J.
The sole question presented by the record, is one of pleading.
The merits of the controversy are not now before, us ; and we are therefore not at liberty to consider the fact, that the defendant has the plaintiff’s land, and has paid but little or nothing for it.
We are of the opinion that the decree of the Court of Equity, made and ordered to be enrolled at Eall Term 1863, was final; leaving nothing further to be done by the purchaser, Benjaman Ingram, and that so far as he was concerned in that proceeding, it was res adjudieata, the plaintiffs having had their day in court. It may be that the…
2Cited by9 opinions
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- Peterson v. . VannSupreme Court of North Carolina · 1880
- England v. . GarnerSupreme Court of North Carolina · 1881
- Flemming v. . RobertsSupreme Court of North Carolina · 1881
- Mock v. . CogginSupreme Court of North Carolina · 1888
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