Card v. Finch.
Supreme Court of North Carolina
ActioN by A. H. Card and others against J. LI. Finch and wife, beard bj Judge James L. Webb and ,a jury, at tbe October Term, 1905, of tbe Superior Court of Feaniclin. Tbis was an action of ejectment, brought by tbe plaintiffs, Georgiana Card and Gertie and Willie Duke, minors, represented by their next friend, against J. LI. Finch and wife, for tbe possession of a tract of land in Franklin County, described in tbe pleadings and proof.
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ActioN by A. H. Card and others against J. LI. Finch and wife, beard bj Judge James L. Webb and ,a jury, at tbe October Term, 1905, of tbe Superior Court of Feaniclin. Tbis was an action of ejectment, brought by tbe plaintiffs, Georgiana Card and Gertie and Willie Duke, minors, represented by their next friend, against J. LI. Finch and wife, for tbe possession of a tract of land in Franklin County, described in tbe pleadings and proof. Plaintiffs, who are the daughter and grandchildren, respectively, of one Peter F. Debnam, claim under tbe will of said Debnam, which will was duly probated and…
1Opinion of the Court
OoNNOR, J.,
after stating the case: The question which lies at the threshold of this appeal is whether, as to the plain tiffs, the proceeding instituted by Judge Timber lake, administrator of P. F. Debnam, and the judgments and decrees rendered therein, are absolutely void and subject to collateral attack, or whether they are merely voidable, subject to attack only by a direct proceeding for that purpose. If the proceeding and judgment ,are void quoad the' plaintiffs, many of the interesting questions raised by the defendants and argued in the brief do not arise, because it is elementary…
2Cases cited19 opinions
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- England v. . GarnerSupreme Court of North Carolina · 1884
- Springs v. ScottSupreme Court of North Carolina · 1903
- Sutton v. . SchonwaldSupreme Court of North Carolina · 1882
- Condry v. . CheshireSupreme Court of North Carolina · 1883
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3Cited by39 opinions
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- City of Monroe v. NivenSupreme Court of North Carolina · 1942
- Clark v. . HomesSupreme Court of North Carolina · 1925
- State Mortgage Corporation v. TraylorTexas Supreme Court · 1931
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