Thompson v. Rospigliosi
Supreme Court of North Carolina
Appeal from Justice, J., at July Special Term, 1912, of HENDERSON. Tbis proceeding was commenced on 22 April, 1912, before tbe Clerk of tbe Superior Court of Henderson County.
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Appeal from Justice, J., at July Special Term, 1912, of HENDERSON. Tbis proceeding was commenced on 22 April, 1912, before tbe Clerk of tbe Superior Court of Henderson County. It is alleged in tbe petition tbat tbe petitioners and tbe defendants are tbe owners in fee simple as tenants in common of a large body of lands, described in 77 grants issued by tbe State, and tbat witbin these boundaries there is a tract of 290 acres, described in paragraph 2 of tbe petition, and two tracts of 220 acres and 800 acres, respectively, described in paragraph 3 of tbe petition. It is further alleged in tbe…
1Opinion of the CourtAlleN, J.
The appeal of the guardian act litem from the order of the clerk overruling his demurrer carried the entire case into the Superior Court,.and vested it with full jurisdiction of the cause, under Acts 1887, ch. 276, now Revisal, par. 614 (Faison v. Williams, 121 N. C., 152; Roseman v. Roseman, 127 N. C., 494; Battis v. Pridgen, 147 N. C., 134, and the Superior Court, being a court of general jurisdiction in law and equity, had the power to order and confirm a private as well as a public sale (Rowland v. Thompson, 73 N. C., 504; Sutton v. Schonwald, 86 N. C., 202; Barcello v. Hapgood, 118 N.…
2Cases cited10 opinions
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Roseman v. Roseman.Supreme Court of North Carolina · 1900
- Faison v. . WilliamsSupreme Court of North Carolina · 1897
- Barcello v. . HapgoodSupreme Court of North Carolina · 1896
- Taylor v. . CarrowSupreme Court of North Carolina · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Upchurch v. . UpchurchSupreme Court of North Carolina · 1917
- Wooten v. . CunninghamSupreme Court of North Carolina · 1916
- Beam v. . GilkeySupreme Court of North Carolina · 1945
- McLean v. . CaldwellSupreme Court of North Carolina · 1919
- Poole & Blue, Inc. v. ThompsonSupreme Court of North Carolina · 1922
7 more not listed; retrieve them via the Exa API.