Waring v. . Wadsworth
Supreme Court of North Carolina
MOTION to reform a Judgment made before the Clerk and heard on appeal at Fall Term, 1878, of Mecklenburg Superior Court, before Schenclc, J. The plaintiffs, T. R., Louis, Robert and Virginia Waring were tenants in common of a tract of land, and in 1871 j filed an ex parte petition to divide the same, which was done, and into four lots of unequal value.
Read the full summary
MOTION to reform a Judgment made before the Clerk and heard on appeal at Fall Term, 1878, of Mecklenburg Superior Court, before Schenclc, J. The plaintiffs, T. R., Louis, Robert and Virginia Waring were tenants in common of a tract of land, and in 1871 j filed an ex parte petition to divide the same, which was done, and into four lots of unequal value. Lot No. 3 was allotted to T. R. Waring; and it being the most valuable was charged with the payment of certain sums to those of inferior value to produce equality. The report in that proceeding was made and confirmed, and judgments entered for…
1Opinion of the CourtAshe, J.
We are of the opinion that the payment of the money arising from the sale of lot No. 3 by the mortgagee, to John E. Brown, the attorney of the Mecklenburg building and loan association, or to F. H. Dewey, the treasurer of said company, was not a satisfaction of the judgments rendered for equality of partition by the clerk of the superior court in the case of T. R. Waring and others; and that the statutory lien is still in force upon the said lot into whosoever hands it may have passed-. The case remains in the superior court under the jurisdiction of the clerk, and the only questions carried…
2Cited by4 opinions
- Newsome v. . HarrellSupreme Court of North Carolina · 1915
- Ex parte SmithSupreme Court of North Carolina · 1904
- Smith Ex ParteSupreme Court of North Carolina · 1904
- Meyers v. . RiceSupreme Court of North Carolina · 1890