Hughes v. . Pritchard
Supreme Court of North Carolina
Appeal from Ferguson, J., at tbe March Term, 1910, of Camdeh. This was a motion made in a special proceeding to set aside tbe final decree theretofore entered, appealed to the Superior Court of Camden County and heard in term.
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Appeal from Ferguson, J., at tbe March Term, 1910, of Camdeh. This was a motion made in a special proceeding to set aside tbe final decree theretofore entered, appealed to the Superior Court of Camden County and heard in term. The defendants, other than D. T. Pritchard, moved before the clerk of the Superior Court of Camden County to set aside and vacate the final decree, report of commissioners and order or partition in the special proceeding for partition, begun in said court on 9 June, 1898. Upon the affidavits and records offered before him, his Honor found the following facts; At Spring…
1Opinion of the CourtManning, J.
In tbe consideration of tbe question presented by this appeal, neither tbe rights of a stranger to tbe proceeding nor tbe rights of a purchaser for value without notice, are involved ; tbe only parties interested are tbe original parties to the special proceedings. After tbe final judgment in tbe special proceeding was entered, tbe plaintiffs bad execution to issue on tbeir money judgment recovered in tbe previous action against D. T. Pritchard, and, after having bis homestead allotted in tbe part allotted to him in tbe special proceedings, purchased tbe excess at a nominal sum at execution…
2Cases cited30 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Matthews v. . JoyceSupreme Court of North Carolina · 1881
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
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3Cited by9 opinions
- Harris v. . BennettSupreme Court of North Carolina · 1912
- Johnson v. . WhildenSupreme Court of North Carolina · 1916
- Bullock v. Planters Cotton-Seed Oil Co.Supreme Court of North Carolina · 1914
- Carraway v. . LassiterSupreme Court of North Carolina · 1905
- Holt v. . ZiglarSupreme Court of North Carolina · 1912
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