Hayden v. . Hayden
Supreme Court of North Carolina
Appeal by defendants from Calvert, J., at May Term, 1919, of New HaNOVER. P. H. Hayden died in 1903, testate, leaving, besides other property, the real estate which is the subject of this action. An action was brought in the Superior Court of New Hanover for the purpose of selling said land by judicial sale, freed and discharged of all contingent remainders or other interests in said property.
Read the full summary
Appeal by defendants from Calvert, J., at May Term, 1919, of New HaNOVER. P. H. Hayden died in 1903, testate, leaving, besides other property, the real estate which is the subject of this action. An action was brought in the Superior Court of New Hanover for the purpose of selling said land by judicial sale, freed and discharged of all contingent remainders or other interests in said property. In that action an order was made at October Term, 1918, appointing E. K. Bryan, commissioner, with the direction to sell said land. At this sale the respondent, Joseph .W. Little, was the last and…
1Opinion of the Court
Clabk, 0. J.
This appeal is intended to raise the single question whether the title to the property is good and marketable. The respondent is desirous to complete the purchase, but intending to expend large sums, he is unwilling to do so without an adjudication that the title is good. It seems that all persons who can, in any contingency, have an interest in the property have been made parties. It is admitted that the procedure authorized in Shields v. Allen, 71 N. C., 375, has been followed in raising the question of title for adjudication.
The first exception is that the court held that the…
2Cases cited15 opinions
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- J. T. McTeer Clothing Co. v. HaySupreme Court of North Carolina · 1913
- Young v. . YoungSupreme Court of North Carolina · 1887
- Ferebee v. . SawyerSupreme Court of North Carolina · 1914
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kaperonis v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1963
- Anderson-Prichard Oil Corp. v. Keyokla Oil Co.Supreme Court of Oklahoma · 1931
- Blue v. City of WilmingtonSupreme Court of North Carolina · 1923
- Kelly v. . KingSupreme Court of North Carolina · 1945
- In re J.M.W.Court of Appeals of North Carolina · 2006
3 more not listed; retrieve them via the Exa API.