Hawkins v. Federal Land Bank
Supreme Court of North Carolina
1Opinion of the CourtSea well, J.
The case seems to have been tried in the court below upon the theory that the sole question involved was whether the judgment of foreclosure could be set aside because of fraud practiced by the present defendant in its procurement, and the judgment of the court seems to be based upon the principle that the fraud complained of, if it existed at all, was intrinsic and that therefore relief against the judgment of foreclosure could be had only by a motion in the cause rather than an independent action. Considered from the point of sufficiency in the pleading, fraud cannot be inferred from the…
2Cases cited8 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Bolich v. Prudential Insurance Co. of AmericaSupreme Court of North Carolina · 1934
- McNeill v. . HodgesSupreme Court of North Carolina · 1890
- Cotton Mills v. . Manufacturing Co.Supreme Court of North Carolina · 1940
- Hendon v. North Carolina RailroadSupreme Court of North Carolina · 1900
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3Cited by4 opinions
- Peele v. . LeroySupreme Court of North Carolina · 1942
- Kemp v. . FunderburkSupreme Court of North Carolina · 1944
- Wood v. . WilderSupreme Court of North Carolina · 1943
- Hawkins v. Federal Land Bank of ColumbiaSupreme Court of North Carolina · 1943