Blue v. . Blue
Supreme Court of North Carolina
PETITION for Partition of Land filed in 1874, in the Probate Court, and heard on appeal at Fall Term, 1877, of Richmond Superior Court, before Seymour, J. It was alleged that the parties were tenants in common of certain lands which descended to them as heirs at law of Malcolm Blue.
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PETITION for Partition of Land filed in 1874, in the Probate Court, and heard on appeal at Fall Term, 1877, of Richmond Superior Court, before Seymour, J. It was alleged that the parties were tenants in common of certain lands which descended to them as heirs at law of Malcolm Blue. The plaintiffs asked for an order of sale for partition, which order was granted, a sale made by a commissioner appointed for the purpose, his report returned and confirmed on the 12th of December, 1876. And shortly thereafter John Campbell, the purchaser, filed an affidavit stating that he bought a certain…
1Opinion of the CourtRodman, J.
It is admitted that the rule is established that a Court of Equity will not disturb a sale of land made by a commissioner of the Court for partition, after a decree of confirmation, merely because of an advance offered in the price. It has been said generally, that such a sale would not be set aside after confirmation, except upon some cir-eumstances of fraud. Ashbee v. Cowell, Busb. Eq. 158; Harrison v. Bradley, 5 Ire. Eq; 136. Probably the Court did not use the word “ fraud ” with absolute strictness ; for certainly cases of accident, mistake, and surprise are conceivable, which would call…
2Cases cited6 opinions
- Marbury v. StonestreetCourt of Appeals of Maryland · 1851
- Wilcoxon v. . CallowaySupreme Court of North Carolina · 1872
- Kent v. CarcaudCourt of Appeals of Maryland · 1861
- Goode v. CrowSupreme Court of Missouri · 1873
- Lefevre v. LarawayNew York Supreme Court · 1856
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3Cited by17 opinions
- Collins v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
- State v. . JohnsonSupreme Court of North Carolina · 1891
- City of Randleman v. HinshawSupreme Court of North Carolina · 1966
- State Ex. Rel. Attorney General v. Roanoke Navigation Co.Supreme Court of North Carolina · 1882
- Dula v. . SeagleSupreme Court of North Carolina · 1887
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