Rountree v. . Barnett .
Supreme Court of North Carolina
This was a petition for the sale of land filed in the Court of Equity for Person county, at the May Term, 1855, and thereupon an order was made for the sale upon the usual terms. At the November Term, 1856, it was decreed that the clerk and master invest the purchase money in loans upon bond, taking two or more good sureties, and that he collect the interest annually on the 1st day of January, of every year, and pay the sum to the plaintiff, Sally Round-tree.
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This was a petition for the sale of land filed in the Court of Equity for Person county, at the May Term, 1855, and thereupon an order was made for the sale upon the usual terms. At the November Term, 1856, it was decreed that the clerk and master invest the purchase money in loans upon bond, taking two or more good sureties, and that he collect the interest annually on the 1st day of January, of every year, and pay the sum to the plaintiff, Sally Round-tree. The cause was then retained for further directions.' ■At the Pall Term, 1871, of the Superior Court of Person county, a notice was…
1Opinion of the CourtRodman, J.
This case comes' to us upon exceptions to certain findings of facts by his Honor, the District Judge, in accordance with the report of a referee. Although the action in which the proceedings were had began before 1868, yet as the motion against the clerk and master and his sureties was made after 1868, we consider that we have no jurisdiction to rehear any issues of fact decided by the Judge below. In this case the controverted matters arise upon what are substantially issues, which would have been made upon the pleadings if the plaintiff had set forth more pariicularly the matters alleged by…
2Cited by2 opinions
- King v. . PhillipsSupreme Court of North Carolina · 1886
- State Ex Rel. Alston v. MassenburgSupreme Court of North Carolina · 1899