Harris v. . Smith
Supreme Court of North Carolina
Civil actioN, heard on exceptions to the report of a referee before Ward, J., at the August Term, 1906, of the Superior Court of Subby County. The plaintiffs alleged that W. H. Schaub sold and conveyed a tract of land to J. B. Smith for $1,000. Smith paid $200 and -executed a deed of trust with power of sale to W. O. Schaub to secure the balance.
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Civil actioN, heard on exceptions to the report of a referee before Ward, J., at the August Term, 1906, of the Superior Court of Subby County. The plaintiffs alleged that W. H. Schaub sold and conveyed a tract of land to J. B. Smith for $1,000. Smith paid $200 and -executed a deed of trust with power of sale to W. O. Schaub to secure the balance. The land was sold under the power by the trustee, when $613 was the balance due, and bid in by the defendant Stone at $800 and conveyed to him. The plaintiffs alleged that' this sale was really made at the request of Smith, with intent to defraud the…
1Opinion of the Court
Walker, J.,
after stating the case: The only question involved in this case is one of fact, the decision of which we are not permitted to review. As held in Boyle v. Stallings, 140 N. C., 524, it must appear that there was no evidence to support the findings of the referee, as sustained by the Judge, before this Court can reverse his conclusion of fact. The well-settled rule has always been that the findings of a referee are conclusive unless excepted to by one of tbe parties. If, upon exceptions, the Court sustains them, they are still conclusive, unless it is shown ■ that there is no…
2Cases cited6 opinions
- Usry v. . SuitSupreme Court of North Carolina · 1884
- Boyle v. Stallings.Supreme Court of North Carolina · 1906
- Cooper v. MiddletonSupreme Court of North Carolina · 1886
- Jordan v. . BryanSupreme Court of North Carolina · 1889
- Strauss v. FrederickSupreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
- Williamson v. . BittingSupreme Court of North Carolina · 1912
- Robinson v. . JohnsonSupreme Court of North Carolina · 1917
- McCullers v. . CheathamSupreme Court of North Carolina · 1913
- French v. . RichardsonSupreme Court of North Carolina · 1914
10 more not listed; retrieve them via the Exa API.