Flemming v. . Roberts
Supreme Court of North Carolina
Petition to restore a Eecord of the late Court of Equity, heard at Spring Term, 1877, of Buncombe Superior Court, before Furches, J. The case is sufficiently stated by Mr. Justice Eeade in delivering the opinion of this Court. Ilis Honor in the Court below refused to grant the order prayed for in the petition of the plaintiffs and they appealed.
1Opinion of the Court
Eeade, J,
The guardian of the plaintiffs instituted a proceeding in equity some twenty years ago, to have their land sold in order that the proceeds of sale might be put at interest. A sale was ordered and made by the Clerk and Master and a bond taken of the purchaser for the price, and a deed subsequently made to the purchaser by the Master. And the defendants are purchasers from the purchaser for value and without notice of any fraud or irregularity. So much is not disputed.
The plaintiffs allege that the Master made title deed to the purchaser without an order of Court and without having…
2Cited by8 opinions
- Morisey v. . SwinsonSupreme Court of North Carolina · 1889
- Keith v. SilviaSupreme Court of North Carolina · 1951
- Stevenson v. . FeltonSupreme Court of North Carolina · 1888
- McDaniel v. . ScurlockSupreme Court of North Carolina · 1894
- Barrett v. . HenrySupreme Court of North Carolina · 1881
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