Tate v. . Mott
Supreme Court of North Carolina
Civil ACTION to recover land, tried upon a case agreed, before Boykin, Judge, at Pall Term, 1886, of Ieedell Superior Court. The question of title only was tried, it being agreed by the parties that the damages for rents and profits should be reserved until the question of title was settled.
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Civil ACTION to recover land, tried upon a case agreed, before Boykin, Judge, at Pall Term, 1886, of Ieedell Superior Court. The question of title only was tried, it being agreed by the parties that the damages for rents and profits should be reserved until the question of title was settled. It appears in the record, that William S. Tate died intestate in the county of Iredell in 1879, seized of the land presently to be mentioned, leaving surviving him a widow, the plaintiff Cora M. Tate, and numerous children, all under the age of twenty-one years, except one ; that after the death of her…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). Under the prevailing system of judicature in this State, the Superior Courts have succeeded to and possess the jurisdiction and power of the late Courts of Equity in respect to infants and their property; and there can be no question that these Courts have authority in all proper cases to direct a sale of their property, both real and personal, for their benefit and advantage. The Code, §§1602, 1603; Williams v. Harrington, 11 Ired., 616; ex parte Dodd, Phil. Eq., 97; Sutton v. Schonwald, 86 N. C., 198; Morris v. Gentry, 89 N. C., 248.
Generally, an…
2Cases cited5 opinions
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- England v. . GarnerSupreme Court of North Carolina · 1884
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Morris v. . GentrySupreme Court of North Carolina · 1883
- Turner v. . DouglassSupreme Court of North Carolina · 1875
3Cited by38 opinions
- Whitten v. DabneyCalifornia Supreme Court · 1915
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- Hagins v. Redevelopment Commission of GreensboroSupreme Court of North Carolina · 1969
- St. Louis, Iron Mountain & Southern Railway Co. v. HaistSupreme Court of Arkansas · 1903
- Lovett v. StoneSupreme Court of North Carolina · 1954
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