Legal Opinion

Howerton v. . Sexton

Supreme Court of North Carolina

Decided February 5, 1884PublishedCited by 11 opinions

Civil. ActioN tried at Fall Term, 1882, of Nash Superior-Court, before MaeRae, J. The exceptions to the referee’s report in this case were overruled, and the report confirmed. Judgment; appeal by the-defendant.

1Opinion of the CourtSmith, C. J.

This action has for its object the annulling and setting aside of certain proceedings instituted before the clerk of' the superior court of Nash for the partition and sale of a tract of land devised to the plaintiffs, William B., Wiley F. and Sallie B., wife of the plaintiff B. T. Draper, and their brother, George Howerton. The grounds on which their validity is impeached are assigned to be the irregularity and defects apparent in the conduct of the proceedings, the infancy-of the several-tenants in common, and the absence of any defence of their interests, and the terms contained in the…

2Cited by11 opinions

  1. Fowler v. . PoorSupreme Court of North Carolina · 1885
  2. Anderson v. WilkinsSupreme Court of North Carolina · 1906
  3. Harris v. . BennettSupreme Court of North Carolina · 1912
  4. Hare v. . HollomonSupreme Court of North Carolina · 1886
  5. Carraway v. LassiterSupreme Court of North Carolina · 1905

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