McMillan v. . Reeves
Supreme Court of North Carolina
Civil action, tried before Connor, J., at Fall Term, 1888, of Alleghany Superior Court. In December, 1874, George T. Reeves, F. J. McMillan and Andrew McMillan, administrators of Alexander B. McMillan, filed their petition in the Superior Court of Alleghany, before the Clerk, against numerous defendants, alleged to be the heirs-at-law of the intestate, praying that the land described therein “ be sold and converted into personal assets,” and for general relief.
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Civil action, tried before Connor, J., at Fall Term, 1888, of Alleghany Superior Court. In December, 1874, George T. Reeves, F. J. McMillan and Andrew McMillan, administrators of Alexander B. McMillan, filed their petition in the Superior Court of Alleghany, before the Clerk, against numerous defendants, alleged to be the heirs-at-law of the intestate, praying that the land described therein “ be sold and converted into personal assets,” and for general relief. It is therein recited that the intestate in his life-time contracted to sell to persons designated as Pierce, Hale & Co. the tract of…
1Opinion of the CourtSmith, C. J.
(after stating the facts). It will be seen from the foregoing recapitulation of facts and rulings, that the appeal of the respondent Edwards brings up for review but two questions:]. The validity and effect of the jurisdiction exercised in ordering and confirming the sale; and
2. The sufficiency of the proceeding to bind all the parties in interest by a conveyance made under the direction of the Court.
The first of these exceptions has been most earnestly pressed in the argument, and the conclusion of the referee maintained by the counsel of the appellant, of a total want of jurisdiction and…
2Cases cited2 opinions
- Boing v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1882
- Peoples v. . NorwoodSupreme Court of North Carolina · 1886
3Cited by11 opinions
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Foster v. HackettSupreme Court of North Carolina · 1893
- Jones v. CommissionersSupreme Court of North Carolina · 1906
- Foster v. . HackettSupreme Court of North Carolina · 1893
- Jones v. . CommissionersSupreme Court of North Carolina · 1906
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