Matthews v. . Joyce
Supreme Court of North Carolina
Civil ActioN in nature of a bill of review, heard at Spring Term, 1879, of Rockingham Superior Court, before-Buxton, J. The following are the facts set out in the plaintiff’s complaint upon which rests their equity to a review and reversal of the impeached decree. On March 17th, 1859, Ed.
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Civil ActioN in nature of a bill of review, heard at Spring Term, 1879, of Rockingham Superior Court, before-Buxton, J. The following are the facts set out in the plaintiff’s complaint upon which rests their equity to a review and reversal of the impeached decree. On March 17th, 1859, Ed. M. Matthews executed to the defendant, Walker R. Smith, a deed conveying his personal estate and a tract of land, described as containing four hundred and twelve acres, in trust to secure a debt of $1,000' due to William Dalton, his wife’s father, and to indemnify hirA, as surety on several bonds, and among…
1Opinion of the Court
Smith, C. J.,
after stating the cáse. We propose then to consider the sufficiency of the grounds upon which relief is asked, to warrant a reversal of the proceedings in equity under which the land was sold and the funds arising from the sale appropriated to the debt'due the testator.
1. The want of service upon some of the infant plaintiffs : While according to recent decisions jurisdiction over the person of infants is acquired only as in the other eases by the service of process on them, and then it is competent to appoint, in case there is no- general guardian, a guardian ad litem, to act in…
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- Rackley v. RobertsSupreme Court of North Carolina · 1908
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