Sutton v. . Schonwald
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1878; of New Hanover Superior Court, before McKoy, J. David Smith died intestate in the year 1862, seized and possessed of certain land in the city of Wilmington which descended to his two infant children, David and Catharine.
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Civil Action tried at Fall Term, 1878; of New Hanover Superior Court, before McKoy, J. David Smith died intestate in the year 1862, seized and possessed of certain land in the city of Wilmington which descended to his two infant children, David and Catharine. On the 9th day of May 1862, the defendant, J. T. Schonwald, became guardian to David, and under the impression that he had been appointed guardian to both, filed a petition in their names in the court of equity for the sale of the land. The laud was sold under a decretal order, report thereof made and confirmed, and under a decree of the…
1Opinion of the CourtShith, C. J.
(After stating the case as above.) There is no particular error alleged in the ruling of the court, and we only know from the argument here of what the plaintiffs ■complain. It is insisted that the order of reference was unauthorized, not -because the matter was not a proper subject ■of reference within the provisions of the Code, but for the reason that it was wholly immaterial to the controversy.. The court may without consent of parties, on application of either, or of its own motion, make an order of reference, where the taking of an account shall be necessary for the information of the…
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