Shackelford v. . Miller
Supreme Court of North Carolina
Motion to set aside a judgment, &c., beard at Spring Term, 3884, of ONslow Superior Court, before Shepherd, J. It is alleged that the defendants .Miller and wife, on the loth of December, 1875, executed a mortgage to C. 0. Foy, to secure a certain debt,'and on the 12th of November, 1878, they executed a second mortgage on the same land to L. W. Humphrey to secure a debt therein named, and on the 1st of January, 1881, the said Humphrey assigned the notes so secured to John W.…
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Motion to set aside a judgment, &c., beard at Spring Term, 3884, of ONslow Superior Court, before Shepherd, J. It is alleged that the defendants .Miller and wife, on the loth of December, 1875, executed a mortgage to C. 0. Foy, to secure a certain debt,'and on the 12th of November, 1878, they executed a second mortgage on the same land to L. W. Humphrey to secure a debt therein named, and on the 1st of January, 1881, the said Humphrey assigned the notes so secured to John W. Shackelford, who died in January, 1883, and the plaintiff qualified as executrix of his will. She afterward married…
1Opinion of the CourtM-erjiimoN, J.
In our judgment, no one of the appellant’s exceptions can be sustained.
1. The decree made at the fall term, 1888,of the superior court of Onslow county, confirming the report of the sale of land, was in execution of the decree directing the sale thereof, entered at the spring term of that court of the same year. It does not appear, that either of these decrees was irregular in any material respect. Each respectively pur ports upon its face and by the record, to have been regularly entered at the terms mentioned. But it appears, that in fact the judge, who presided at the fall term, with the…
2Cases cited3 opinions
- Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873
- Molyneux v. HueySupreme Court of North Carolina · 1879
- Harrell v. . PeeblesSupreme Court of North Carolina · 1878
3Cited by20 opinions
- Bynum v. . PoweSupreme Court of North Carolina · 1887
- Edmundson v. EdmundsonSupreme Court of North Carolina · 1942
- Benbow v. . MooreSupreme Court of North Carolina · 1894
- Edmundson v. . EdmundsonSupreme Court of North Carolina · 1942
- Coates Bros. v. WilkesSupreme Court of North Carolina · 1886
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