Sutton v. . Schonwald
Supreme Court of North Carolina
Civil Action tried at Pall Term, 1881, of New Hanover Superior Court, before Shipp, J. The plaintiffs in this action seek to have set aside a decree of the late court of equity. As made by the pleadings and exhibits the case is as follows: David Smith died in the year 1862, seized of a parcel of land situate in the city of Wilmington, and leaving as his only heirs at law, the feme plaintiff and a son named David, both being infants of tender years.
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Civil Action tried at Pall Term, 1881, of New Hanover Superior Court, before Shipp, J. The plaintiffs in this action seek to have set aside a decree of the late court of equity. As made by the pleadings and exhibits the case is as follows: David Smith died in the year 1862, seized of a parcel of land situate in the city of Wilmington, and leaving as his only heirs at law, the feme plaintiff and a son named David, both being infants of tender years. At December term, 18G2, of the county court for New Hanover county, the defendant Schonwald applied to be appointed guardian of both of said…
1Opinion of the CourtRuffin, J.
We cannot concur in the view taken by His Honor. The most that can be said towards impeaching the decree of the court of equity, the vacation of which is the purpose of the present action, is, that it was irregular. It was the work of a court of competent jurisdiction pertaining to the whole cause, its subject matter, and its parties, and was but an instance of that general authority over the estates of infants, which the courts of equity have so long exercised, that it is now found impossible to trace the source from which it was derived. 2 Story Eq., § 1328.
The plaintiff’s counsel indeed…
2Cases cited6 opinions
- Gray v. BrignardelloSupreme Court of the United States · 1864
- Goudy v. HallIllinois Supreme Court · 1865
- Fergus v. WoodworthIllinois Supreme Court · 1867
- Rowland v. ThompsonSupreme Court of North Carolina · 1875
- Stanly v. . MassingillSupreme Court of North Carolina · 1869
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3Cited by43 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- England v. . GarnerSupreme Court of North Carolina · 1884
- Card v. Finch.Supreme Court of North Carolina · 1906
- Morris v. . GentrySupreme Court of North Carolina · 1883
- Tate v. . MottSupreme Court of North Carolina · 1887
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