Sumner v. . Sessoms
Supreme Court of North Carolina
Civil ACTION, tried before Avery, Judge, and a jury, at January Special Term, 1884, of the Superior Court of Bertie -county. Reddin Jones died intestate many years since, seized and possessed of a large tract of land in Bertie county, which descended in equal parts to his daughters, Fannie, wife of Calvin Godwin* Lavinia, wife of Henry D. Godwin, and his son Andrew J.. Jones.
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Civil ACTION, tried before Avery, Judge, and a jury, at January Special Term, 1884, of the Superior Court of Bertie -county. Reddin Jones died intestate many years since, seized and possessed of a large tract of land in Bertie county, which descended in equal parts to his daughters, Fannie, wife of Calvin Godwin* Lavinia, wife of Henry D. Godwin, and his son Andrew J.. Jones. The lands were subsequently divided among the co-tenants,, under proceedings instituted for that purpose in the County Court, and their respective shares allotted in severalty to each. In the partition, lot number 1,…
1Opinion of the Court
SitlTM, C. J.,
(after stating the facts). 1 Exception. The plaintiffs proposed to show that the land was worth much more than the sum for which it sold at the administrator’s sale, with the view of impeaching the deeds referred to, and setting them aside..
This objection was made, on the ground that the parties to-those deeds were not before the Court, and also because their validity could not be collaterally assailed, as proposed in this action. The objection was sustained, and the testimony for such purpose refused.
We concur in this ruling, and for the reason last assigned for the exclusion…
2Cases cited3 opinions
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Froneberger v. . LewisSupreme Court of North Carolina · 1878
- Doe ex dem. Simmons v. HassellSupreme Court of North Carolina · 1873
3Cited by39 opinions
- Fowler v. FowlerSupreme Court of North Carolina · 1925
- Fowler v. . FowlerSupreme Court of North Carolina · 1925
- Harrison v. . HargroveSupreme Court of North Carolina · 1897
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Harris v. . BennettSupreme Court of North Carolina · 1912
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