Fowler v. . Poor
Supreme Court of North Carolina
Judgments — Irregular—Motion in the Cause — Infants—Judicial Sale — Innocent Purchaser. Civil ACTION tried before Graves, Judge, at Spring Term, 1884, of the Superior Court of Transylvania county. The plaintiffs are the children and heirs-at-law of P. S. Morgan, who died about the year 1862, and at the time of their father’s death, they were all infants of tender years.
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Judgments — Irregular—Motion in the Cause — Infants—Judicial Sale — Innocent Purchaser. Civil ACTION tried before Graves, Judge, at Spring Term, 1884, of the Superior Court of Transylvania county. The plaintiffs are the children and heirs-at-law of P. S. Morgan, who died about the year 1862, and at the time of their father’s death, they were all infants of tender years. The parts of the case settled upon' appeal material to a proper understanding of the opinion of the Court, are as follows: “It appears from the records of the Superior Court of Transylvania county, that at the Spring Term,…
1Opinion of the CourtMermmoN, J.
(after stating the facts). The purpose of this action, is to have an alleged fraudulent judgment, and sale of land under it, declared inoperative and void. The action is a proper one for that purpose. The proceeding in which the judgment complained of was given, was long ago completely ended, so that a motion or petition therein would not be appropriate. It is only when the action is not ended, that steps may be properly taken in it to have a fraudulent order or judgment therein set aside.
It would be otherwise, however, if the purpose were to set the judgment and sale aside for irregularity.…
2Cases cited5 opinions
- England v. . GarnerSupreme Court of North Carolina · 1884
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Morris v. . GentrySupreme Court of North Carolina · 1883
- Howerton v. . SextonSupreme Court of North Carolina · 1884
- Johnson v. . FutrellSupreme Court of North Carolina · 1882
3Cited by37 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Harris v. . BennettSupreme Court of North Carolina · 1912
- Graham v. . FloydSupreme Court of North Carolina · 1938
- Graham v. FloydSupreme Court of North Carolina · 1938
- Ward v. . LowndesSupreme Court of North Carolina · 1887
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