Ferrell v. Broadway.

MONTGOMERY and DOUGLAS, JJ., dissenting. This is a petition to rehear this case, which is reported in126 N.C. 258. The proceeding is a motion in the cause to set aside a judgment rendered at August Term, 1887, of LENOIR. The Judge found as facts: That in 1883 an action was bought by W. B. Ferrell and others (among whom are all the movers herein) to have E. S. Broadway, who had in 1880 bought a tract of land at foreclosure sale, declared a trustee for the plaintiffs in that action. The movers herein were parties-plaintiff therein, and, being minors, were represented by their next friend, W. B.…