Wooten v. . Cunningham
Supreme Court of North Carolina
Special proceeding beard by Whedbee, J., at December Term, 1915, OÍ GREENE. It appears that tbe petitioners, tbroug'b tbe Atlantic Coast Realty Company, bad on 3 November, 1913, sold, in small farms or parcels, certain lands wbicb they owned, to several parties, among them being tbe respondent N. C. Cunningbam, wbo purchased three of tbe lots at the price of $10,732.80. This was a private sale, that is, not made under any judgment or order of a court, but merely by tbe…
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Special proceeding beard by Whedbee, J., at December Term, 1915, OÍ GREENE. It appears that tbe petitioners, tbroug'b tbe Atlantic Coast Realty Company, bad on 3 November, 1913, sold, in small farms or parcels, certain lands wbicb they owned, to several parties, among them being tbe respondent N. C. Cunningbam, wbo purchased three of tbe lots at the price of $10,732.80. This was a private sale, that is, not made under any judgment or order of a court, but merely by tbe petitioners at public outcry, through tbe realty company. Petitioners afterward brought this proceeding for tbe purpose of…
1Opinion of the Court
Walker, J.,
after stating the case: "We agree with the respondent that this proceeding against him is somewhat irregular and not strictly according to the course and practice of the court. After perfecting the title in this proceeding for partition, an independent action should have been brought against the respondent to enforce the contract of purchase. But while this was the regular course to pursue, it seems to us that the «rights of the parties may just as well be adjudicated in this proceeding, in view of the respondent’s conduct in appearing generally and answering to the merits of the…
2Cases cited15 opinions
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Harris v. . BennettSupreme Court of North Carolina · 1912
- Currie v. Golconda Mining & Milling Co.Supreme Court of North Carolina · 1911
- Barcello v. . HapgoodSupreme Court of North Carolina · 1896
- Joyner v. Futrell.Supreme Court of North Carolina · 1904
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Keen v. ParkerSupreme Court of North Carolina · 1940
- Keen v. . ParkerSupreme Court of North Carolina · 1940
- Hargett v. . LeeSupreme Court of North Carolina · 1934
- East Carolina Lumber Company v. WestSupreme Court of North Carolina · 1958
- McDaniel v. . LeggettSupreme Court of North Carolina · 1945
13 more not listed; retrieve them via the Exa API.