Kemp v. . Kemp
Supreme Court of North Carolina
MotioN in the cause heard .at Pall Term, 1879, at Buad-en j ¡Superior Court, before Seymour, X. This cause comes to this court upon the .appeal of James I I. Kemp and wife Elizabeth, from the ruling of the superior I court of Bladen county upon their petition for relief, filed in a proceeding theretofore had in the old court of equity, under which the interest of the said Elizabeth in certain lands had been ^old.
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MotioN in the cause heard .at Pall Term, 1879, at Buad-en j ¡Superior Court, before Seymour, X. This cause comes to this court upon the .appeal of James I I. Kemp and wife Elizabeth, from the ruling of the superior I court of Bladen county upon their petition for relief, filed in a proceeding theretofore had in the old court of equity, under which the interest of the said Elizabeth in certain lands had been ^old. The facts necessary to be known for) a proper understanding of the case are as follows: The feme plaintiff (whose maiden name was FitzRan-l dolpli) by her guardian, George Gromartie,…
1Opinion of the Court
RuffiN, J.,
after stating the case. We think the cases of Lord v. Beard, 79 N. C., 5, and Lord v. Merony Ib., 14, settle definitely, the question of jurisdiction in this case. There is no pretence that any deed has been executed to the purchaser of the land, sold under the order of the court, by any authorized servant of the court and under its permission, and until that be done, the land continues to be in custodia legis, and any relief that may be needed in reference to it, or the purchase money, must be sought in the original proceeding. Conceding it to be true as declared by his Honor that…
2Cases cited2 opinions
- Hardy v. . HollySupreme Court of North Carolina · 1881
- Lord v. . BeardSupreme Court of North Carolina · 1878
3Cited by7 opinions
- Lynn v. . LoweSupreme Court of North Carolina · 1883
- Kirby v. . BoyetteSupreme Court of North Carolina · 1895
- Davis v. . PierceSupreme Court of North Carolina · 1914
- Campbell v. . FarleySupreme Court of North Carolina · 1911
- Monroe v. . TrenholmSupreme Court of North Carolina · 1893
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