Earp v. Minton.
Supreme Court of North Carolina
ActioN by Dorinda Earp against L. L. Minton, beard 'by Judge W. R. Allen and a jury,-at tbe June Term, 1904, of tbe Superior Court of Wilkes County. This was a civil action tried in tbe Superior Court upon appeal from tbe judgment of a justice of tbe peace. Tbe plaintiff alleges that she is tbe owner of a cow and that tbe defendant is in tbe wrongful and unlawful possession of her.
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ActioN by Dorinda Earp against L. L. Minton, beard 'by Judge W. R. Allen and a jury,-at tbe June Term, 1904, of tbe Superior Court of Wilkes County. This was a civil action tried in tbe Superior Court upon appeal from tbe judgment of a justice of tbe peace. Tbe plaintiff alleges that she is tbe owner of a cow and that tbe defendant is in tbe wrongful and unlawful possession of her. Tbe defendant admits tbe possession of tbe cow but denies that bis possession is wrongful and unlawful and avers that be is an innocent purchaser for value. It appears from the record that tbe defendant purchased…
1Opinion of the CourtBrown, J.
Tbe defendant excepts to the submission of the third issue as to fraud in the procurement of the judgment in Cranor v. Earp and to the admission of certain testimony and parts of His Honor’s charge relating to that issue. The defendant’s ground of objection to the issue, the evidence and the charge is the same; that is that a judgment cannot be collaterally atacked for fraud, but it must be impeached, if at all, by an independent action. We do not deem it necessary to consider these exceptions separately. We think that His Honor committed error in submitting the issue to the jury, and it…
2Cases cited5 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Neville v. . PopeSupreme Court of North Carolina · 1886
- Brittain v. . MullSupreme Court of North Carolina · 1888
- Burgess v. . KirbySupreme Court of North Carolina · 1886
- Smith v. . GraySupreme Court of North Carolina · 1895
3Cited by5 opinions
- Levin v. Gladstein.Supreme Court of North Carolina · 1906
- Houser Ex Rel. Oakes v. BonsalSupreme Court of North Carolina · 1908
- Kelly v. Odum.Supreme Court of North Carolina · 1905
- Rawls v. . MayoSupreme Court of North Carolina · 1913
- Neely v. . NeelySupreme Court of North Carolina · 1878