Dickens v. . Long
Supreme Court of North Carolina
Civil ACTION, tried at April Term, 1891, of PERSON Superior Court, before Boykin, J. The plaintiffs brought this action in the Superior Court in term to set aside a sale of the land in controversy, made by virtue of a decree rendered in March, 1883, in a special proceeding instituted before the Clerk by the administrator of their deceased father for the purpose of selling land to pay debts, and also to recover the possession of the land from those holding by mesne…
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Civil ACTION, tried at April Term, 1891, of PERSON Superior Court, before Boykin, J. The plaintiffs brought this action in the Superior Court in term to set aside a sale of the land in controversy, made by virtue of a decree rendered in March, 1883, in a special proceeding instituted before the Clerk by the administrator of their deceased father for the purpose of selling land to pay debts, and also to recover the possession of the land from those holding by mesne conveyances under the purchaser at the said administrator’s sale. After setting forth that the sale was made, that one Sallie…
1Opinion of the CourtAvery, J.
after stating the case: Reversing the order in which the points were presented by counsel, and assuming for the present that the judgment in the special proceeding— by virtue of which Sallie Barnett bought the land in controversy, which she has since sold to several other defendants — cannot be attacked, on account of irregularities in this action brought in the Superior Court, it would only remain to determine whether, without impeaching that judgment, the plaintiffs, admitting the truth of every allegation contained in the complaint, have shown prima facie that they have title to the land…
2Cases cited17 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- England v. . GarnerSupreme Court of North Carolina · 1884
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Morris v. . GentrySupreme Court of North Carolina · 1883
- Sumner v. . SessomsSupreme Court of North Carolina · 1886
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Leroy v. Pasquotank & North River Steamboat Co.Supreme Court of North Carolina · 1914
- Dickens v. . LongSupreme Court of North Carolina · 1893
- Moody v. . JohnsonSupreme Court of North Carolina · 1893
- Marshburn v. . LashlieSupreme Court of North Carolina · 1898
- Spence v. Goodwin.Supreme Court of North Carolina · 1901
5 more not listed; retrieve them via the Exa API.