Sutton v. Craddock
Supreme Court of North Carolina
Civil ACTION to sell land affected with a contingent interest, under section 1590, Revisal, heard on pleadings, record, and facts in evidence, before Lyon, J., at June Term, 1917, of LeNOIR.
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Civil ACTION to sell land affected with a contingent interest, under section 1590, Revisal, heard on pleadings, record, and facts in evidence, before Lyon, J., at June Term, 1917, of LeNOIR. On the hearing it appeared that the real estate in question formerly belonged to W. C. Fields, deceased, who devised the same in his last will and testament to bis daughter, Annie Fields Sutton, for her natural life, and after her death, if she shall have married and have children or child by such marriage, then to such child or children, and if she does not marry, then to her brothers and sisters who may…
1Opinion of the CourtHoke, J.
It seems tbat in an action of tbis character tbe appellant, W. T. Hines, by reason of Ms unaccepted offer to purchase, has no such interest in the subject-matter of this litigation and has acquired no such status in this suit as to give him the right to question the proceedings by appeal or otherwise. In Battle’s Eevisal, see. 585, the right of appeal in civil actions generally is conferred on “any party aggrieved,” and we find no decision that would recognize this proposed purchaser as coming within the terms or meaning of the statute. Upchurch v. Upchurch, 173 N. C., 88; Faison v. Hardy,…
2Cases cited7 opinions
- Upchurch v. . UpchurchSupreme Court of North Carolina · 1917
- Switzer v. SwitzerSupreme Court of Missouri · 1906
- Wood Adm'r v. . Parker and OthersSupreme Court of North Carolina · 1869
- Thompson v. RospigliosiSupreme Court of North Carolina · 1913
- Faison v. . HardySupreme Court of North Carolina · 1896
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3Cited by2 opinions
- Cherry v. . GilliamSupreme Court of North Carolina · 1928
- Galloway v. HesterSupreme Court of North Carolina · 1958