Dawkins v. . Dawkins
Supreme Court of North Carolina
Parties — Irregular Judgment — Notiee—Judicial Sales. This was a Motion in the cause to set aside a judgmeut for irregularity heard by MaeRae, Judge, at February Special Term, 1885, of RICHMOND Superior Court.
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Parties — Irregular Judgment — Notiee—Judicial Sales. This was a Motion in the cause to set aside a judgmeut for irregularity heard by MaeRae, Judge, at February Special Term, 1885, of RICHMOND Superior Court. W. K. Dawkius and wife Mary Aun Dawkius, W. A. Campbell and wife Anne Campbell, John R. Dawkius in his own behalf and as next friend of his infant daughter Corrinna Daw-kins, and D. Stewart, moved on affidavits filed, and notice, to set aside a judgment or order made by the Superior Court of Richmond county in the above entitled action, at Fall Term, 1874, and for judgment directing and…
1Opinion of the Court
Ashe, J.,
(after stating the facts). This case is so incomplete in the statement of the facts, that we feel sensible of our inability to reach the justice of the case, trammeled as we are by the findings of facts and exceptions thereto. All we can do is to give a partial adjudication upon the case.
The first exeeption by defendants, that the Court found as a fact that the deed of John A. McDonald and W. K. Dawkins to A. C. and D. C. Patterson, conveyed only the interest of W. K. Dawkins in the land, is well taken, for the deed which accompanies the record as an exhibit, shows that the entire…
2Cases cited1 opinion
- Addington v. . McDonnell and SetzerSupreme Court of North Carolina · 1869
3Cited by1 opinion
- Coor v. . SmithSupreme Court of North Carolina · 1890