Holmes v. . Davis
Supreme Court of North Carolina
Civil action by the plaintiff, as husband, and others, as next of kin, of Amanda Holmes, deceased, to recover the amount of a note executed by the defendant, and to have the amount of the recovery declared a lien upon land, heard before Adams, J., at November Term, 1897, of Granville Superior Court. The facts appear.in the opinion. From an order dismissing the action the plaintiffs appealed .
1Opinion of the Court
Fairoloth, O. J.
The plaintiff and others had an ex parte proceeding to sell land for division and in the due course of that action, land was sold and purchased by the defendant, who gave his note for the purchase price. The sale was confirmed in 1875, and the commissioner was ordered to make a proper deed to defendant as soon as the purchase money was paid, and to pay the money out to the parties entitled. All the other petitioners were paid off, and several years after the decree of confirmation was recorded and order for title and distribution, the defendant, in 1893, executed his note to…
2Cases cited2 opinions
- Causey v. Snow.Supreme Court of North Carolina · 1897
- Thompson v. . ShamwellSupreme Court of North Carolina · 1883
3Cited by1 opinion
- Terry v. Robbins.Supreme Court of North Carolina · 1901