Glisson v. . Glisson
Supreme Court of North Carolina
Appeal from Guión, J., at the February Term, 1910, of Dup-LIN. Motion in the above cause to vacate and set aside the decree of sale and confirmation entered in above cause 9 February, 1883, in behalf of Kate Rackley, Florence Glisson and Theodocia Spellman.
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Appeal from Guión, J., at the February Term, 1910, of Dup-LIN. Motion in the above cause to vacate and set aside the decree of sale and confirmation entered in above cause 9 February, 1883, in behalf of Kate Rackley, Florence Glisson and Theodocia Spellman. Issues of fact were submitted to a jury at February Term, 1910, of the Superior Court of Duplin County. 1. When was the petitioner Kate Rackley born? Answer: 1862. 2. Were the petitioners Kate Rackley, Florence Glisson and Theodocia Spellman served with summons in the special proceedings to sell the land of Daniel Glisson to make assets to…
1Opinion of the CourtBbown, J.
Tbe case of Rackley v. Roberts, 147 N. C., 204, is an original action brought by petitioner Kate Raekley to set aside tbe decrees, sale, deed, etc., made in this special proceeding of Glisson v. Glisson upon tbe ground of fraud.
In tbe opinion it is held that tbe proceeding cannot be attacked collaterally in that case and tbe decrees in it set aside for irregularity. It is also held that no issue of fraud was submitted in due form, as it should have been, and that no evidence of fraud was set out in tbe record.
Tbe cause was sent back for a new trial and we presume is pending in tbe Superior…
2Cases cited2 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Harrison v. . HargroveSupreme Court of North Carolina · 1891
3Cited by25 opinions
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- Clark v. . HomesSupreme Court of North Carolina · 1925
- Fowler v. FowlerSupreme Court of North Carolina · 1925
- Fowler v. . FowlerSupreme Court of North Carolina · 1925
- Harris v. . BennettSupreme Court of North Carolina · 1912
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