England v. . Garner
Supreme Court of North Carolina
Civil AotioN tried at December Special Term/ 1883, of Moore Superior Court, before MaeRae, J. The plaintiffs instituted this action on August 7, 1880, and ask that the orders and decrees iu an ex-parte proceeding, in the late court of equity of Moore county, for the sale of land for partition, be set aside and declared void, and that they be decreed owners of the land and entitled to the possession thereof.
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Civil AotioN tried at December Special Term/ 1883, of Moore Superior Court, before MaeRae, J. The plaintiffs instituted this action on August 7, 1880, and ask that the orders and decrees iu an ex-parte proceeding, in the late court of equity of Moore county, for the sale of land for partition, be set aside and declared void, and that they be decreed owners of the land and entitled to the possession thereof. The facts alleged in the complaint and material to the case are, that in the year 1835, J. W. England removed with his family to the state of Alabama, aud died in 1849 seized of certain…
1Opinion of the CourtMeeeimoN, J.
It is well settled upon principle and authority, that where it appears by the record that the court had jurisdiction of the parties and the subject matter of an action, the' judgment therein is valid, however irregular it may be, until it shall be reversed by competent authority; and although it be reversed, a purchaser of the real estate or other property at a sale made under and iu pursuance of such judgment while it was in force, and which it authorized, will be protected. All that the purchaser in such case is required to know, is, that the court had jurisdiction, and made the judgment…
2Cases cited6 opinions
- Gray v. BrignardelloSupreme Court of the United States · 1864
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Morris v. . GentrySupreme Court of North Carolina · 1883
- Rogers v. . McKenzieSupreme Court of North Carolina · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Card v. Finch.Supreme Court of North Carolina · 1906
- Harrison v. . HargroveSupreme Court of North Carolina · 1897
- Tate v. . MottSupreme Court of North Carolina · 1887
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- Rackley v. RobertsSupreme Court of North Carolina · 1908
50 more not listed; retrieve them via the Exa API.