Hoff v. . Crafton
Supreme Court of North Carolina
Special Pkocbeding commenced in the Probate Court and heard on appeal at Spring Term, 1878, of Martin Superior Court, before Henry, J. The plaintiffs filed their petition against the defendants in the Probate Court for partition and sale of lands devised by John Barden, and of which they were tenants in common.
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Special Pkocbeding commenced in the Probate Court and heard on appeal at Spring Term, 1878, of Martin Superior Court, before Henry, J. The plaintiffs filed their petition against the defendants in the Probate Court for partition and sale of lands devised by John Barden, and of which they were tenants in common. The lands were decreed to be sold on the terms that four hundred dollars of the purchase money be paid at the sále and notes taken for the residue in four equal installments, payable at one, two, three and four years; that the land should be at once conveyed to the purchaser and…
1Opinion of the CourtSmith, C. J.
(After stating the case as above.) The appellants in the argument here insist: 1. That the action had terminated in the Probate Court and the Probate Judge had no further jurisdiction to proceed in the case. 2. That the present proceeding -was in substance if not in fact to foreclose a mortgage which a Probate Court had not cognizance to hear and determine. 3. That the mortgagor George E. Roebuck was a necessary party. 4. That if sold the land must be sold according to the terms of the mortgage and for cash only. We propose to notice these several objections successively:—
The action is not…
2Cases cited2 opinions
- Mauney v. PembertonSupreme Court of North Carolina · 1876
- Council v. . RiversSupreme Court of North Carolina · 1871
3Cited by4 opinions
- Waldron v. WaldronSupreme Court of the United States · 1895
- Capps v. . CappsSupreme Court of North Carolina · 1881
- In Re PropstSupreme Court of North Carolina · 1907
- Ex parte WilsonSupreme Court of North Carolina · 1942