Smith v. . Gray
Supreme Court of North Carolina
Action to recover a half interest in a lot of land in Bal-eigli, N. C., alleged to liave been irregularly sold in proceedings for partition without proper service of the summons on minor owners, and now owned by and in the possession of the defendants to whose testator it came after several mesne conveyances, as a purchaser for value and with out notice of any irregularity in the proceedings for its sale.
Read the full summary
Action to recover a half interest in a lot of land in Bal-eigli, N. C., alleged to liave been irregularly sold in proceedings for partition without proper service of the summons on minor owners, and now owned by and in the possession of the defendants to whose testator it came after several mesne conveyances, as a purchaser for value and with out notice of any irregularity in the proceedings for its sale. The action was tried before Bynum, N., at Fall Term, 1894, of Wake Superior Court, and from a judgmentin favor of defendants, the plaintiffs appealed. The facts are stated in the opinion of…
1Opinion of the Court
Furohes, J. :
Though we may feel called upon to affirm ' the judgment of the Court below, we cannot say, as the learned judge below did, that in our “opinion the proceeding £B’ was regular.” And we fear that plaintiffs, while they were infants, did not receive the protection from the Court they should have had.
We find from the transcript of record sent up that Andrew Syme, the administrator of J. J. Jackson, father of plaintiffs, commenced a proceeding in the Superior Court of Wake to subject the land in controversy to assets, to pay debts and cost of administration, in which he states in his…
2Cases cited8 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Sumner v. . SessomsSupreme Court of North Carolina · 1886
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- Hare v. . HollomonSupreme Court of North Carolina · 1886
- McLaurin v. . McLaurinSupreme Court of North Carolina · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Norwood v. Lassiter.Supreme Court of North Carolina · 1903
- Credle v. . BaughamSupreme Court of North Carolina · 1910
- Earp v. Minton.Supreme Court of North Carolina · 1905
- Murray v. . SoutherlandSupreme Court of North Carolina · 1899
- Welsh v. Brotherhood of Railroad TrainmenSupreme Court of North Carolina · 1931
6 more not listed; retrieve them via the Exa API.