Vanstory v. . Thornton
Supreme Court of North Carolina
This cause, which has before been to the «Supreme Court and is reported in the 112th X. C. Reports at page 196, came on for further hearing before Shuford, J., at November Term, 1893, of CUMBERLAND Superior Court. Since the last term of this Court the land in controversy was sold under a decree of this Court by commissioners appointed for that purpose and a report of said sale was made to the present term of the Court.
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This cause, which has before been to the «Supreme Court and is reported in the 112th X. C. Reports at page 196, came on for further hearing before Shuford, J., at November Term, 1893, of CUMBERLAND Superior Court. Since the last term of this Court the land in controversy was sold under a decree of this Court by commissioners appointed for that purpose and a report of said sale was made to the present term of the Court. Upon motion to confirm the report Elsie, the wife of A. Gr. Thornton, who had been made a party since last term of the Court, and after said sale, by summons issued at the…
1Opinion of the Court
Bitbwell, J.:
The appellant is the wife of the defendant A. G. Thornton, and was made a party defendant at the instance of the plaintiff since this cause was last before this Court (112 N. C., 19(5). The action having become, by consent of the plaintiff judgment creditor, tire defendant judgment debtor and the latter’s mortgagees, an action to foreclose the mortgages and distribute the fund among the lien-ors, the plaintiff saw fit to summon the wife of the judgment debtor and mortgagor that she might have an opportunity to assert any rights she might have in the premises, and that she might…
2Cases cited2 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Nimrock v. . ScanlinSupreme Court of North Carolina · 1882
3Cited by1 opinion
- Thomas v. FulfordSupreme Court of North Carolina · 1895