Tyson v. . Belcher
Supreme Court of North Carolina
This was a civil action, tried at the June Term, 1888, of the Superior Couri of Pitt County, before Avery, J. It appears that Sherrod Tyson died in 1866, leaving a last will and testament, which was duly proven. The plaintiffs' are his heirs-at-law and the devisees of his will, including the executrix thereof, and bring this action to recover the land described in the complaint,- and presently to be again mentioned.
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This was a civil action, tried at the June Term, 1888, of the Superior Couri of Pitt County, before Avery, J. It appears that Sherrod Tyson died in 1866, leaving a last will and testament, which was duly proven. The plaintiffs' are his heirs-at-law and the devisees of his will, including the executrix thereof, and bring this action to recover the land described in the complaint,- and presently to be again mentioned. By his will, the testator bequeathed and devised all his property, both real and personal, including the land in controversy, to the plaintiffs, to be owned, used and enjoyed as…
1Opinion of the CourtMerrimoN, J.
(after stating the facts). From an examination of the transcript of the record of the ex-parte special proceeding, objected to as evidence, it appears that the Court could properly have, and did take, in an orderly way, jurisdiction of the parties to and the subject-matter of, the proceeding. The petitioners were represented by counsel and the petition was filed as allowed by the statute (The Code, § 286). If there were irregularities at all in the course of the proceeding they certainly were not such as rendered it, or the orders and judgment therein entered, absolutely void; at most they…
2Cases cited4 opinions
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Tate v. . MottSupreme Court of North Carolina · 1887
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- Edwards v. . MooreSupreme Court of North Carolina · 1888
3Cited by9 opinions
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Settle v. Settle.Supreme Court of North Carolina · 1906
- Coffin v. . CookSupreme Court of North Carolina · 1890
- Dudley v. . TysonSupreme Court of North Carolina · 1914
- Rackley v. . RobertsSupreme Court of North Carolina · 1908
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