Hobbs v. Cashwell
Supreme Court of North Carolina
Appeal from Guión, J., at January (Special) Term, 1910, of SAMPSON. Tbe evidence offered at tbe trial by tbe plaintiff, tbe defendants offering no evidence, disclosed tbe following facts: G. W. Hobbs, tbe grandfather of plaintiffs, was, prior to 8 May, 1893, tbe owner in fee and in possession of several tracts of land in Sampson County; on tliat day be made a distribution of bis lands among bis seven children, conveying to them, by sepai-ate deeds, certain described tracts…
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Appeal from Guión, J., at January (Special) Term, 1910, of SAMPSON. Tbe evidence offered at tbe trial by tbe plaintiff, tbe defendants offering no evidence, disclosed tbe following facts: G. W. Hobbs, tbe grandfather of plaintiffs, was, prior to 8 May, 1893, tbe owner in fee and in possession of several tracts of land in Sampson County; on tliat day be made a distribution of bis lands among bis seven children, conveying to them, by sepai-ate deeds, certain described tracts of land. Tbe recited consideration in each was $1 and love and affection. ■ He reserved for bis wife, Mary, a life estate…
1Opinion of the Court
MANNING, J.,
after stating the case: The plaintiffs rest their contention upon the theory that as they were seized of an estate in fee in the locus in quo, under the deed of G. W. Hobbs, and being m esse, were parties neither by service nor appearance to the action by the creditors of G. W. Hobbs, in which the land was sold and through which defendant claims title, the judgment and the proceedings were, as to them, void and wholly insufficient to divest their estate. In support of this contention and the correctness of his Honor’s ruling in their favor, the plaintiffs rely upon the decisions…
2Cases cited31 opinions
- Helms v. . GreenSupreme Court of North Carolina · 1890
- Warren v. . MakelySupreme Court of North Carolina · 1881
- Card v. Finch.Supreme Court of North Carolina · 1906
- Harrison v. . HargroveSupreme Court of North Carolina · 1897
- Holden v. . StricklandSupreme Court of North Carolina · 1895
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3Cited by12 opinions
- Aman v. . WalkerSupreme Court of North Carolina · 1914
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Scott v. CommissionerUnited States Tax Court · 1978
- Chrysler Credit Corp. v. BurtonDistrict Court, M.D. North Carolina · 1984
- Virginia-Carolina Laundry Supply Corp. v. ScottSupreme Court of North Carolina · 1966
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