Sledge v. . Elliott
Supreme Court of North Carolina
AotioN to recover possession of a lot in tbe town of Marion, beard before Shuford, J., at Spring Term, 1894, of McDowell Superior Court. From a'judgment for tbe plaintiff the defendants appealed. Tbe facts appear in the •opinion of Associate Justice Aveey.
1Opinion of the Court
Aveky, J.:
Tbe right of tbe plaintiff to recover in tbe action for title and possession of a lot was made to depend upon tbe question whether a record of an administrator’s petition for sale for assets with tbe decree and sale under which tbe plaintiffs'claimed title were open to attack and were shown to be invalid and subject to collateral impeachment by tbe heirs-at-law of tbe decedent.
Tbe petition was filed in tbe Court of Pleas and Quarter Sessions of McDowell County, at the Fall Term, 1864, in accordance with tbe provisions of Revised Code, Ob. 46, Sec. 47, et seg and not under tbe Act of…
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