Legal Opinion

Butler ex rel. Butler v. Winston

Supreme Court of North Carolina

Decided October 13, 1943PublishedCited by 2 opinions

1Opinion of the CourtScheNCk, J.

There are two questions presented by this appeal: first, is the plaintiff estopped by the judgment entered in a caveat proceeding to assert title to the locus in quo under the paper writing propounded and admitted to probate as' the last will and testament of Sarah Florence Parrish; and, second, is the plaintiff estopped by the judgment of sale *424entered in a proceeding instituted before the clerk to sell any contingent interests of hers, and of certain others, to assert title to the locus in quof

We are of the opinion, and so hold, that both questions should be answered in the negative.

As to…

2Cases cited23 opinions

  1. Carter v. . RountreeSupreme Court of North Carolina · 1891
  2. High v. PearceSupreme Court of North Carolina · 1941
  3. High v. . PearceSupreme Court of North Carolina · 1941
  4. Smith v. . FullerSupreme Court of North Carolina · 1910
  5. Pendleton v. WilliamsSupreme Court of North Carolina · 1918

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3Cited by2 opinions

  1. Pendleton v. . WilliamsSupreme Court of North Carolina · 1918
  2. Johnson v. . WhildenSupreme Court of North Carolina · 1916

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