Batts v. . Winstead
Supreme Court of North Carolina
Civil ActioN, tried at Spring Term, 1877, of Wilson Superior Court, before Moore, J. This action was in the nature of a Bill of Review to reverse for error in law a final decree made in a cause .in the late Court of Equity for Wilson County in 1888, in the matter of the present plaintiffs, by their guardian, Elisha JBarnes,. against Wiley W. Winstead, (defendants’ testator), their former guardian; and also to set aside and vacate said decree on the ground that it was…
Read the full summary
Civil ActioN, tried at Spring Term, 1877, of Wilson Superior Court, before Moore, J. This action was in the nature of a Bill of Review to reverse for error in law a final decree made in a cause .in the late Court of Equity for Wilson County in 1888, in the matter of the present plaintiffs, by their guardian, Elisha JBarnes,. against Wiley W. Winstead, (defendants’ testator), their former guardian; and also to set aside and vacate said decree on the ground that it was obtained by fraudulent collusion between the said Barnes and Winstead; and also-to have an account of the dealings between the…
1Opinion of the CourtRodman, J.
This action is to impeach a decree obtained by Elisha Barnes, then guardian of the plaintiffs against Winstead, their former guardian, at Spring Term, 1868, of the Superior Court of Wilson, on the ground that the decree was obtained by collusion between Barnes and Winstead, and in fraud of the plaintiffs. That a decree may be impeached and avoided on that ground, has' long been settled. Adams Eq., 416; Freeman on Judgments, § § 336, 489;. Herr on Fraud and Mistake, 293. The jury found that the -decree was obtained by fraud and collusion, and the evidence was, in our opinion, sufficient to…
2Cases cited1 opinion
- Ellis v. . ScottSupreme Court of North Carolina · 1876
3Cited by7 opinions
- Amen v. Merced County Title Co.California Supreme Court · 1962
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Blount v. . ParkerSupreme Court of North Carolina · 1878
- Spruill v. . SandersonSupreme Court of North Carolina · 1878
2 more not listed; retrieve them via the Exa API.