Rhodes v. . Rhodes
Supreme Court of North Carolina
MotioN to set aside judgment in proceeding for partition of land, heard on appeal from the Clerk of Mooke Superior Court, by Timberlahe, J., at Chambers, in Rockingham, N C., on October 19, 1899. The motion was made before the Clerk by defendant Martin Rhodes, a nonresident, brought in by publication, on the ground of inequality in the division.
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MotioN to set aside judgment in proceeding for partition of land, heard on appeal from the Clerk of Mooke Superior Court, by Timberlahe, J., at Chambers, in Rockingham, N C., on October 19, 1899. The motion was made before the Clerk by defendant Martin Rhodes, a nonresident, brought in by publication, on the ground of inequality in the division. The Clerk refused to set aside the judgment, and Martin Rhodes appealed to the Judge at Chambers, who rendered the following judgment: This cause comes before [the Court] on appeal from the refusal of Clerk Superior Court of Moore County to set aside…
1Opinion of the Court
Ouaiuí, J.
This is a motion under The Code, sec. 220, made in the prescribed time by a nonresident who' had been made a party by publication to come in after judgment in a partition proceeding. The Court found as a fact (Utley v. Peters, 72 N. C., 525), that the partition as made is unjust, and the share allotted to the petitioner is of less value than that allotted to the other tenants in common, ordered the decree heretofore made set aside, and that the petitioner be allowed to answer and defend in this action. There is no contention that any of the property has been sold to a purchaser in…
2Cases cited2 opinions
- Bacon v. . JohnsonSupreme Court of North Carolina · 1892
- Utley v. . PetersSupreme Court of North Carolina · 1875
3Cited by6 opinions
- Page v. . McDonaldSupreme Court of North Carolina · 1912
- Burton v. SmithSupreme Court of North Carolina · 1926
- Moore v. . RankinSupreme Court of North Carolina · 1916
- Foster v. Allison Corp.Supreme Court of North Carolina · 1926
- Foster v. . Allison CorporationSupreme Court of North Carolina · 1926
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