Springer v. . Shavender
Supreme Court of North Carolina
Civil actioN, for trespass in cutting trees and removing timber from land, tried at Spring Term, 1894, of Beaufort Superior Court, before Armfield, J. The issues submitted and the responses to them were as follows : 1. Was George W. Dixon dead at the time of the institution of the proceedings by his alleged administrator to sell his lands and at the time of the sale thereunder?' Answer: Living. 2. Are the plaintiffs the owners of the timber standing upon the lands described…
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Civil actioN, for trespass in cutting trees and removing timber from land, tried at Spring Term, 1894, of Beaufort Superior Court, before Armfield, J. The issues submitted and the responses to them were as follows : 1. Was George W. Dixon dead at the time of the institution of the proceedings by his alleged administrator to sell his lands and at the time of the sale thereunder?' Answer: Living. 2. Are the plaintiffs the owners of the timber standing upon the lands described in the complaint? Answer : No. 3. Did the defendents unlawfully take possession of the said timber and convert it to…
1Opinion of the Court
Avery, J.:
The question that confronts us at the threshold of this investigation is one that, as we think, has been heretofore in effect passed upon by this and other appellate courts, but one which requires careful consideration and discussion. Where the children of a person under a misapprehension of the facts admitted the allegation of a petition that tlieir ancestor was dead, and submitted to a decree for the sale of his land by his administrator for assets, will they be allowed collaterally to impeach such judgment and avoid the estoppel of title derived through it, by showing that the…
2Cases cited13 opinions
- Withers v. PattersonTexas Supreme Court · 1864
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Beckett v. SeloverCalifornia Supreme Court · 1857
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Fridley v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1917
- Springer v. . ShavenderSupreme Court of North Carolina · 1896
- Steele v. Metropolitan Life Insurance Co.Supreme Court of North Carolina · 1928
12 more not listed; retrieve them via the Exa API.