Walton v. . Walton
Supreme Court of North Carolina
Motion to set aside a judgment, heard at Spring Term, 1878, of Bukke Superior Court, before Cloud, J. From the transcript of the record and the case agreed by the counsel in the court below, the facts are that the heirs of Thomás Walton, deceased, in 1859, filed their petition for the sale of their ancestor’s land and a division of the proceeds of sale in the court of equity of Burke county.
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Motion to set aside a judgment, heard at Spring Term, 1878, of Bukke Superior Court, before Cloud, J. From the transcript of the record and the case agreed by the counsel in the court below, the facts are that the heirs of Thomás Walton, deceased, in 1859, filed their petition for the sale of their ancestor’s land and a division of the proceeds of sale in the court of equity of Burke county. In the regular course of the suit, under decree of the court, a parUof the land was sold by E. J. Erwin, clerk and master, and sales confirmed. In 1868- T. George Walton was appointed tó make sale of the…
1Opinion of the CourtDillard, J.
(After stating the case.) The question for our determination is, was the judgment in this action void absolutely from a defect pf jurisdiction in the superior court to grant it, or voidable from some privilege or exemption of defendant, or other thing for which the jurisdiction might have been abated, or from being entered irregularly and contrary to the course and practice of the court. The superior courtis a court of general common law jurisdiction, and its power extends to all actions founded on contract and otherwise, which has been or may be allotted to it by the general assembly not in…
2Cases cited2 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Jacobs v. . T. P. and S.E. BurgwynSupreme Court of North Carolina · 1869
3Cited by5 opinions
- Hawkins v. . HughesSupreme Court of North Carolina · 1882
- L. Harvey and Son Co. v. JarmanCourt of Appeals of North Carolina · 1985
- Morehead Banking Co. v. DukeSupreme Court of North Carolina · 1897
- Wilson v. . SykesSupreme Court of North Carolina · 1881
- In Re BankSupreme Court of North Carolina · 1935