Stewart v. Pergusson.
Supreme Court of North Carolina
ActioN by J. T. Stewart against J. M. P'ergusson and others, heard by Judge T. J. Shcm and a jury at October Term, 1902, of the Superior Court of Stoebs County. This is a special proceeding, commenced before the Clerk of the Superior Court, in which the petitioner prays that a sale be .ordered of his intestate’s land for the payment of debts. The case was transferred from the Clerk to the Superior Court at term for the trial of the issues raised by the pleadings.
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ActioN by J. T. Stewart against J. M. P'ergusson and others, heard by Judge T. J. Shcm and a jury at October Term, 1902, of the Superior Court of Stoebs County. This is a special proceeding, commenced before the Clerk of the Superior Court, in which the petitioner prays that a sale be .ordered of his intestate’s land for the payment of debts. The case was transferred from the Clerk to the Superior Court at term for the trial of the issues raised by the pleadings. The petition is in the usual form, and its allegations, which were sufficient to entitle the petitioner to the relief demanded,…
1Dissent
CLlabb:, O. L,
dissenting. The sole question at issue is the validity of the deed executed by the collector of United States revenue to the defendant. It is stated in the opinion that “the recitals in the deed are sufficient in their scope to show that the assessment of the taxes had been duly made and that the necessary steps had been taken to subject the land to their satisfaction, upon failure of the owner 'ter pay.” These were the only respects as to which defects were alleged, and Avery v. Rose, 15 N. C., 549; Fox v. Stafford, 90 N. C., 298, and other cases are cited as authority that…
2Cases cited6 opinions
- King v. Cooper.Supreme Court of North Carolina · 1901
- Fox v. . StaffordSupreme Court of North Carolina · 1884
- Den Ex Dem. Avery v. RoseSupreme Court of North Carolina · 1834
- Peebles v. . TaylorSupreme Court of North Carolina · 1896
- Powell v. . SikesSupreme Court of North Carolina · 1896
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