Legal Opinion

Flemming v. . Roberts

Supreme Court of North Carolina

Decided January 5, 1881PublishedCited by 9 opinions

Civil. Action a-nd MgtioN in the cause. heard at Fall Term, 1879, of Buncombe Superior Court, before Graves, J. The two cases between the same parties touching the same subject matter, being treated as one action, were tried together.

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Civil. Action a-nd MgtioN in the cause. heard at Fall Term, 1879, of Buncombe Superior Court, before Graves, J. The two cases between the same parties touching the same subject matter, being treated as one action, were tried together. One case was an independent action brought by the plaintiffs to impeaeh a decree of the court of equity rendered in a cause then depending, where the plaintiffs as heirs at law of Samuel Flemming had filed a petition by their guardian, James H. Greenlee, (the petitioners being infants) for the sale of a lot of laud in the' town of. Asheville, alleging that the…

1Opinion of the CourtAshe, J.

The two cases were considered together in the court below and were discussed in this court as one case, and we will so continue to treat them.

The record of the proceedings of the petition in the court of equity has been ascertained and established by the report of the commissioner appointed by the superior court of Buncombe for that purpose, and it appears from the record that that suit had been finally disposed of and put off the docket. The record as set forth by the commissioner states, it was ordered, adjudged and decreed that the clerk and master make and deliver to Robert H. Chapman,…

2Cases cited6 opinions

  1. Beebe v. RussellSupreme Court of the United States · 1857
  2. Brown v. . CobleSupreme Court of North Carolina · 1877
  3. Lord v. . BeardSupreme Court of North Carolina · 1878
  4. Covington v. . IngramSupreme Court of North Carolina · 1870
  5. Thaxton v. . Williamson .Supreme Court of North Carolina · 1875

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Veazey v. City of DurhamSupreme Court of North Carolina · 1950
  2. North Carolina Railroad v. StorySupreme Court of the United States · 1925
  3. Russ v. WoodardSupreme Court of North Carolina · 1950
  4. Bunker v. Bunker.Supreme Court of North Carolina · 1905
  5. McLaurin v. . McLaurinSupreme Court of North Carolina · 1890

4 more not listed; retrieve them via the Exa API.

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