Perry v. . Hardison
Supreme Court of North Carolina
Exceptions — Reference—Levy—Fraud—Evidence—Execution Sale. Civil actioN, tried, before Avery, J., upon exceptions to referee’s report, at February Term, 1887, of Beaueokt Superior Court.
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Exceptions — Reference—Levy—Fraud—Evidence—Execution Sale. Civil actioN, tried, before Avery, J., upon exceptions to referee’s report, at February Term, 1887, of Beaueokt Superior Court. The tract of land, the title to which is drawn in question in this action, as described in the complaint, belonged to the defendant, Louis Hardison, under whom the plaintiffs claim by virtue of a sale under two executions to Charles F. Warren on July 1, 1878, and a conveyance from him to the plaintiffs. The defendant, Asa Ellis, derives his title under a mortgage deed from said Hardison to secure the sum of…
1Opinion of the CourtSmith, C. J.
The sole issues raised in the pleadings are as to the validity of this sale, and if upheld, the bona fides and legal efficacy of the mortgage deed.
The record in this case, as in others of which we have had occasion to speak, fails to assign error in the rulings of the Court, and compels us to search through the voluminous pages of the report and the testimony taken, as well as among the exceptions to the action of the referee, to ascertain what are his conclusions of law which are reviewable and open to correction here. The practice cannot be allowed, and if our admonitions are to be…
2Cases cited1 opinion
- Cannon v. . YoungSupreme Court of North Carolina · 1883
3Cited by10 opinions
- State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
- Bobbitt v. . RodwellSupreme Court of North Carolina · 1890
- Mann v. . AllenSupreme Court of North Carolina · 1916
- In Re PhippsSupreme Court of North Carolina · 1932
- Briggs v. HilesWisconsin Supreme Court · 1894
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