Harper v. . McCombs
Supreme Court of North Carolina
Issues arising from a special proceeding for partition, tried at Fall Term, 1891, of Burke Superior Court, Bynum, J., presiding.
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Issues arising from a special proceeding for partition, tried at Fall Term, 1891, of Burke Superior Court, Bynum, J., presiding. It appears, from the case stated, that John R. Sudderth, at the time of his death in 1874, was the owner of the land presently to be mentioned; that he died intestate and that an undivided one-fourth interest in these lands descended to W. H. Powell and J. M. Powell; that about 1880 the latter contracted to sell and convey their said interest to W. S. Sud-derth, when he should pay the purchase-money in full. The latter died in 1885 intestate, and the appellant was…
1Opinion of the CourtMebrimon, C. J.
after stating case: The appellant administrator was allowed irregularly and improperly to come into this special proceeding and contest the plaintiff’s title asoné of the tenants in common of the land described in the pleadings. This was done by consent of parties, and as the Court had jurisdiction of the parties and the subject-matter of the litigation, its orders and judgments will be operative and binding upon the parties to the record, but such practice and procedure should not be tolerated, much less encouraged by the Courts. As we have repeatedly said, it is not simply irregular, but it…
2Cited by3 opinions
- Lindsey v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- Lindsey v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- McGee v. . McGeeSupreme Court of North Carolina · 1843