Craddock v. . Brinkley
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at Special September Term, 1918, of WASHINGTON. Tbe plaintiff, a married woman, owned land adjoining tbe defendant. Prior to 1906, controversy arose as to tbe line of division between tbe two tracts and a suit was instituted in tbe name of berself and busband against tbe defendant. Summons was issued, but it does not appear tbat any pleadings were filed. At tbe time of tbe commencement of tbe suit in 1906 tbe plaintiff was insane.
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Appeal by defendant from Whedbee, J., at Special September Term, 1918, of WASHINGTON. Tbe plaintiff, a married woman, owned land adjoining tbe defendant. Prior to 1906, controversy arose as to tbe line of division between tbe two tracts and a suit was instituted in tbe name of berself and busband against tbe defendant. Summons was issued, but it does not appear tbat any pleadings were filed. At tbe time of tbe commencement of tbe suit in 1906 tbe plaintiff was insane. No next friend was appointed for ber, and at Fall Term, 1906, of Washington, wbat purports to be a consent judgment was signed…
1Opinion of the CourtClark, C. J.
Tbe jury find tbat tbe plaintiff was insane and confined in an insane asylum at tbe time tbe former action was instituted, and also at tbe time tbe consent judgment was entered, and tbat tbe twenty acres in controversy are ber property. Tbe defendant enters two assignments of error:
1. Tbat this proceeding cannot be maintained because it is'a collateral attack upon tbe former judgment, and tbat plaintiff’s remedy is by a motion in tbe cause.
2. Tbat tbe judgment in tbe former action is an estoppel on tbe plaintiff, and conclusive, because tbe action was brought in tbe joint name of ber busband…
2Cases cited7 opinions
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Vick v. . PopeSupreme Court of North Carolina · 1879
- Odom v. . RiddickSupreme Court of North Carolina · 1889
- Neville v. . PopeSupreme Court of North Carolina · 1886
- Grantham v. . KennedySupreme Court of North Carolina · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Olivera v. GraceCalifornia Supreme Court · 1942
- Fowler v. FowlerSupreme Court of North Carolina · 1925
- Fowler v. . FowlerSupreme Court of North Carolina · 1925
- Shore v. . HoltSupreme Court of North Carolina · 1923
- Abernethy Land & Finance Co. v. First Security Trust Co.Supreme Court of North Carolina · 1938
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