American Trust Co. v. Nicholson
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at March Term, 1913, of MECKLENBURG. This is a controversy submitted without action, for the purpose of determining the validity of the title to real estate contracted to be purchased from the plaintiff by the defendant.
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Appeal by defendant from Webb, J., at March Term, 1913, of MECKLENBURG. This is a controversy submitted without action, for the purpose of determining the validity of the title to real estate contracted to be purchased from the plaintiff by the defendant. It is admitted that the title was good in Andrew J. Dotger and wife, and that if the proceeding in the Superior Court of Meck-lenburg County, wherein an order of sale was made by Lyon, judge, at January Term, 1912, appointing the plaintiff a commissioner to sell the land described in the complaint, and the subsequent order in regard to the…
1Opinion of the CourtAlleN, J.
Tbe power of tbe court to order a sale of tbe land in controversy, witb tbe parties before it, considered independent of tbe provision in tbe declaration of trust, “that no partition of said land nor any sale thereof shall be made by any of tbe issiie of tbe said Henry C. Dotger and bis wife, Bertha M. Dotger, until the youngest child shall arrive at tbe age of 21 years, that date being fixed as tbe time when partition is to be made,” is settled in Springs v. Scott, 132 N. C., 563, where Justice Connor, in an elaborate and learned opinion, after reviewing tbe authorities, says:
“Upon a careful…
2Cases cited11 opinions
- Jones v. HabershamSupreme Court of the United States · 1883
- Stanley v. ColtSupreme Court of the United States · 1867
- Curtiss v. BrownIllinois Supreme Court · 1862
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Springs v. ScottSupreme Court of North Carolina · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Wachovia Bank and Trust Company v. JohnstonSupreme Court of North Carolina · 1967
- Dunn v. . HinesSupreme Court of North Carolina · 1913
- Bohannon v. TrotmanSupreme Court of North Carolina · 1939
- Lee v. OatesSupreme Court of North Carolina · 1916
- Bohannon v. . TrotmanSupreme Court of North Carolina · 1939
22 more not listed; retrieve them via the Exa API.