Grantham v. . Kennedy
Supreme Court of North Carolina
Civil ActioN, tried at Fall Term, 1883, of Johnstox Superior Court, before McKoy, J. The action was brought to set aside a decree of the late court of pleas and quarter sessions, upon the ground of mistake alleged to have occurred in a proceeding for the division of certain land between the parties as tenants in common.
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Civil ActioN, tried at Fall Term, 1883, of Johnstox Superior Court, before McKoy, J. The action was brought to set aside a decree of the late court of pleas and quarter sessions, upon the ground of mistake alleged to have occurred in a proceeding for the division of certain land between the parties as tenants in common. The case agreed states that one Young Bridgers died intestate in 1844, seized of theland described in the pleadings, and leaving as his heirs-at-law the following named children : Caroline, who married the plaintiff Grantham while she was under twenty-one years of age; Laura,…
1Opinion of the CourtMerejiion, J.
After parties have litigated their alleged rights, and these have been settled and established by decrees and judgments in the course of judicial procedure, and the time has passed by within which such decrees and judgments may ordinarily be reviewed and corrected, either in the court making them or in the appellate court, courts are very reluctant to disturb them. This is necessarily so. Otherwise, there wrould be no end to litigating the same matter. It might be renewed as often as the caprice or advantage, however attained, of a party might suggest. Confidence in judicial proceedings would…
2Cases cited4 opinions
- Vick v. . PopeSupreme Court of North Carolina · 1879
- Gay v. . StancellSupreme Court of North Carolina · 1877
- Ivey v. . McKinnonSupreme Court of North Carolina · 1881
- Kincade v. . ConleySupreme Court of North Carolina · 1870
3Cited by24 opinions
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Roseman v. Roseman.Supreme Court of North Carolina · 1900
- Craddock v. . BrinkleySupreme Court of North Carolina · 1919
- Lee v. . RhodesSupreme Court of North Carolina · 1947
- Long v. . WalkerSupreme Court of North Carolina · 1890
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