Lee v. . McCracken
Supreme Court of North Carolina
MotioN to vacate a judgment by default final rendered in an action to set aside a deed and recover land, beard before Cline, J., first at Franklin, N, C., in chambers, by consent, where bis Honor made certain findings of fact relevant to inquiry, as appears of record.
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MotioN to vacate a judgment by default final rendered in an action to set aside a deed and recover land, beard before Cline, J., first at Franklin, N, C., in chambers, by consent, where bis Honor made certain findings of fact relevant to inquiry, as appears of record. Tbe cause was then continued for further consideration at May Term, 1915, Superior Court of Haywood County, where tbe judgment in question bad been rendered and docketed, when bis Honor, on additional affidavits and testimony, made further findings of fact, and thereon entered judgment tbat the said judgment by default be set…
1Opinion of the CourtHoke, J.
We are unable to concur in tbe view of this case which was taken in tbe court below, and are of opinion that, on tbe facts as found by bis Honor, be was without power to vacate tbe judgment. From a perusal of tbe findings of fact it appears that tbe judgment by default final was rendered and signed by Judge Garter at January Term, 1914, Superior Court of Haywood County, and, some fifteen months thereafter, tbe present motion was made and acted on at May Term, 1915, of said court; that tbe action was to set aside a deed for fraud and to recover possession of a tract of land conveyed by said…
2Cases cited7 opinions
- Becton v. Dunn.Supreme Court of North Carolina · 1905
- Wolfe v. DavisSupreme Court of North Carolina · 1876
- McLean v. . McLeanSupreme Court of North Carolina · 1881
- Calmes v. . LambertSupreme Court of North Carolina · 1910
- Junge v. MacKnightSupreme Court of North Carolina · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Foster v. Allison Corp.Supreme Court of North Carolina · 1926
- Collins v. SimmsSupreme Court of North Carolina · 1961
- Foster v. . Allison CorporationSupreme Court of North Carolina · 1926
- Bostwick v. Laurinburg & Southern RailroadSupreme Court of North Carolina · 1920
- Gaster v. GoodwinSupreme Court of North Carolina · 1965
2 more not listed; retrieve them via the Exa API.