Morris v. . Gentry
Supreme Court of North Carolina
EjectmeNT tried at Spring Term, 1883, of Stoices Superior 'Court, before Graves, J. The plaintiffs allege in their complaint, that at the time of the death of James Morris, their father, which took place in the year 1865, he was seized in fee of an undivided half of a large tract of land situate in the county of Stokes; that at the fall term, 1860, of the court of equity of said county, an ex-parte petition was filed, in which they, as the infants and only heirs-at-law of…
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EjectmeNT tried at Spring Term, 1883, of Stoices Superior 'Court, before Graves, J. The plaintiffs allege in their complaint, that at the time of the death of James Morris, their father, which took place in the year 1865, he was seized in fee of an undivided half of a large tract of land situate in the county of Stokes; that at the fall term, 1860, of the court of equity of said county, an ex-parte petition was filed, in which they, as the infants and only heirs-at-law of their deceased father, purported to sue in that behalf by their mother, Mary S. Morris, as their next friend, for the…
1Opinion of the CourtMereimoN, J.
It is an essential and fundamental principle of the law, that all properly constituted judicial proceedings must be upheld as regular, warranted by the facts and the law applicable to them, valid and effectual, until the contrary shall be shown and established by some competent proceeding for that purpose. Hence, v'herever it appears upon the face of the record in any action or other judicial proceeding, that the court had jurisdiction of the parties litigant and the subject matter in litigation, the law presumes that the court got jurisdiction in a regular or proper way, and that its orders,…
2Cases cited7 opinions
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- Gilbert v. . JamesSupreme Court of North Carolina · 1882
- George v. . HighSupreme Court of North Carolina · 1881
- Rowland v. ThompsonSupreme Court of North Carolina · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- England v. . GarnerSupreme Court of North Carolina · 1884
- Hope v. BlairSupreme Court of Missouri · 1891
- Harrison v. . HargroveSupreme Court of North Carolina · 1897
- Tate v. . MottSupreme Court of North Carolina · 1887
34 more not listed; retrieve them via the Exa API.