Rawles v. . Carter
Supreme Court of North Carolina
MotioN of Joseph L. Caven, a judgment creditor of M. E. Carter, deceased, to be made a party plaintiff in a proceeding for the sale of land for assets and to set aside a judgment previously rendered therein, heard before Bryan, J., at Fall Term, 1896, of BuncoMbe Superior Court, on appeal from an order of the Superior Court Clerk. The facts are stated in the opinion of Chief Justice Faiiíolotíi.
1Opinion of the Court
Eairclotu, C. J.:
The plaintiff administrator e. t. a. of M. E. Carter filed a petition before the clerk against the widow and heirs-at-law of said Carter to sell land for assets ; sale was ordered, sale made and confirmed and deed made by order of the court to the purchaser. After this, the only appellant, Jos. Ij. Caven, a judgment creditor of said Carter, claiming a lien on the land sold, petitioned the clerk to be made a party to said proceeding and to have the judgment and sale set aside. The clerk denied the petition, and on appeal the judge confirmed the order of the clerk and Caven…
2Cases cited4 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- George F. Uzzle & Co. v. VinsonSupreme Court of North Carolina · 1892
- Smith v. . GraySupreme Court of North Carolina · 1895
- Dickey v. . DickeySupreme Court of North Carolina · 1896
3Cited by1 opinion
- Walker v. . WalkerSupreme Court of North Carolina · 1933