Peterson v. . Vann
Supreme Court of North Carolina
Motion to set aside a judgment and order of sale, heard at January Special Term, 1880, of Sampson Superior Court, before Gilmer, J. The plaintiff filed his petition in the court of pleas and quarter sessions of Sampson county at November term, 1866, for a license to sell the land described in the petition to pay the debts of his intestate; and on this petition a summons was issued returnable to May term, 1867, against John Vann, styled agent of Mary Boney, and against'the…
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Motion to set aside a judgment and order of sale, heard at January Special Term, 1880, of Sampson Superior Court, before Gilmer, J. The plaintiff filed his petition in the court of pleas and quarter sessions of Sampson county at November term, 1866, for a license to sell the land described in the petition to pay the debts of his intestate; and on this petition a summons was issued returnable to May term, 1867, against John Vann, styled agent of Mary Boney, and against'the heirs at •law of Chester R. Vann, without description, of them by name and in this respect the summons pursued the…
1Opinion of the Court
Dillard, J.,.
after stating the case. Upon this appeal, the error assigned is the affirmance by the superior court of the refusal of the probate court on the facts above recited to set aside the decree of sale, order of confirmation and for title in the county court at February and May terms, 1868.
The late court of pleas and quarter sessions, by the act of 1846, (Rev. Code, ch. 46, § 44,) was clothed with a jurisdiction to order the sale of land of deceased debtors for payment of their debts on the petition of their personal representatives, to be exercised in the mode and to the extent…
2Cases cited3 opinions
- Evans Ad'm'r v. . SingletarySupreme Court of North Carolina · 1869
- Covington v. . IngramSupreme Court of North Carolina · 1870
- Thaxton v. . Williamson .Supreme Court of North Carolina · 1875
3Cited by12 opinions
- Tuttle v. TuttleSupreme Court of North Carolina · 1907
- McLaurin v. . McLaurinSupreme Court of North Carolina · 1890
- Smith v. . FortSupreme Court of North Carolina · 1890
- Burgess v. . KirbySupreme Court of North Carolina · 1886
- England v. . GarnerSupreme Court of North Carolina · 1881
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