Lictie v. . Chappell
Supreme Court of North Carolina
This was a special proceeding, begun before the Clerk of the Superior Court of Pender County, on the 17th January, 1881, by the plaintiff, as administratrix of Hinton Chappell, deceased, to sell certain lands in Pender County to raise assets to pay the debts of the estate, and finally heard before Winston, J., at the March Term, 1892, of Pender Superior Court.
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This was a special proceeding, begun before the Clerk of the Superior Court of Pender County, on the 17th January, 1881, by the plaintiff, as administratrix of Hinton Chappell, deceased, to sell certain lands in Pender County to raise assets to pay the debts of the estate, and finally heard before Winston, J., at the March Term, 1892, of Pender Superior Court. The plaintiff is the widow and administratrix of her deceased husband, Hinton Chappell, but since his death intermarried with her present husband, W. W. Lictie. The defendants, Horace Chappell et al, are the only heirs at law of said…
1Opinion of the Court
MacRae, J.:
This case has become jnuch confused and greatly protracted, but it seems at last to have reached its proper determination in the judgment which now comes to us upon appeal.
The contention of the purchaser is that there was a final judgment of confirmation of the sale made by the Clerk and affirmed by the judgment of his Honor Judge Clark, and that the same cannot be attacked by motion in the cause, but if there is any ground for setting aside the sale, it must be made to appear to the Court by an independent action. But the record does not bear out this contention; it appears that…
2Cited by9 opinions
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- Faison v. . WilliamsSupreme Court of North Carolina · 1897
- Ledbetter v. . PinnerSupreme Court of North Carolina · 1897
- McDaniel v. . LeggettSupreme Court of North Carolina · 1945
- Carolina Power & Light Co. v. ReevesSupreme Court of North Carolina · 1930
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