Shober v. . Wheeler
Supreme Court of North Carolina
This was a civil action, tried before Winston, J., and a jury, at the August Term, 1893, of Forsyth Superior Court. The action was to set aside two certain deeds set out therein from W. H. Wheeler to Ann J. Wheeler and W. H. Wheeler to E. H. Jennings.
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This was a civil action, tried before Winston, J., and a jury, at the August Term, 1893, of Forsyth Superior Court. The action was to set aside two certain deeds set out therein from W. H. Wheeler to Ann J. Wheeler and W. H. Wheeler to E. H. Jennings. No. 1. At the May Term, 1891, on motion of Watson & Buxton, plaintiff’s counsel, the point having been raised by Jones & Kerner, attorneys, in the answer of the heirs at law of Ann J. Wheeler, as appears in the record, his Honor Judge John G. Bynum made an order in the cause that certain mortgagees of the lands set out in the pleadings were…
1Opinion of the Court
Burwell, J.:
We will consider the defendants’ exceptions seriatim as set out in the case on appeal.
1. It was a matter entirely within the discretion of his Honor to determine whether or not the cause should be tried before some of the mortgagees were brought in. The plaintiff was willing to try the case with the parties then in Court. The defendants had excepted to the order made at the instance of the plaintiff to bring in the mortgagees, thus insisting that they were not necessary parties. Plaintiff seems by his action to have conceded that that exception was well taken, in part, at least,…
2Cases cited1 opinion
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