McAden v. . Hooker
Supreme Court of North Carolina
MotioN in the cause heard before his Honor, Judge MeKoy, at Spring Term, 1875, of the Superior Court of OraNge county. One Evans Turner, administrator of Josiah Turner, Sen., and John W. Kirkland, a creditor by junior judgment, moved the court to set aside the judgment in this action, confessed by the defendants, O. Hooker, guardian of Josiah Turner, Sen., and Josiah Turner, Jr. The facts in the case are so fully stated in the opinion of the court that any further statement…
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MotioN in the cause heard before his Honor, Judge MeKoy, at Spring Term, 1875, of the Superior Court of OraNge county. One Evans Turner, administrator of Josiah Turner, Sen., and John W. Kirkland, a creditor by junior judgment, moved the court to set aside the judgment in this action, confessed by the defendants, O. Hooker, guardian of Josiah Turner, Sen., and Josiah Turner, Jr. The facts in the case are so fully stated in the opinion of the court that any further statement is deemed superfluous. Upon the hearing the motion was allowed by the court, and the plaintiff appealed.
1Opinion of the CourtRodmast, J.
On. the 26tli October, 1868, Josiah Turner Sen., and others executed the following instrument:
State OK Nobth CaboliNA, ) Ootober 36th 1868. Orange County. ) 7
Know all men by these presents that we, Josiah ■ Turner, Sr., Josiah Turner, Jr., William Turner, Julian S. Turner, John Turner, are held and firmly bound unto George W, Swepson in the sum of five thousand dollars, good and lawful money of the United States, to the true and faithful payment whereof to him, the said George W. Swepson, his heirs, executors and administrators, jointly and severally, signed with our hands and seals the day…
2Cited by3 opinions
- Moore v. . GidneySupreme Court of North Carolina · 1876
- Sharp v. Danville, Mocksville & Southwestern RailroadSupreme Court of North Carolina · 1890
- Blake v. . RespassSupreme Court of North Carolina · 1877