Ex Parte Dodd
Supreme Court of North Carolina
Petition, for the sale of land, which had been devised to Orren L. Dodd, during his life, and at his death, “ in fee simple to his child or children, if he has any living at his death, or the issue of any of the said Orren L., who may predecease him; ” failing such issue, however, the whole “shall belong to and be equally divided amongst the children of his brother, Dr. Warren Dodd,” &c. The petitioners, besides Orren, were his children, whp were under age.
Read the full summary
Petition, for the sale of land, which had been devised to Orren L. Dodd, during his life, and at his death, “ in fee simple to his child or children, if he has any living at his death, or the issue of any of the said Orren L., who may predecease him; ” failing such issue, however, the whole “shall belong to and be equally divided amongst the children of his brother, Dr. Warren Dodd,” &c. The petitioners, besides Orren, were his children, whp were under age. It was stated that Dr. Warren Dodd was about fifty years of age, and had rrever married. Otherwise, a proper case for sale was reported…
1Opinion of the Court
Bíttle, J.
We deem it unnecessary to express any opinion in relation to the correctness of the interesting account given by the" counsel for the petitioners of the origin and extent of the chancery jurisdiction as exercised in the Courts of Equity of this State. The powers of such courts to order the sale of the real estate of infants, upon the application of their guardians, showing that the interests of their wards would be promoted by it, cannot be questioned since the ■passage of the act of 1827, c. 33. (See Rev. Code, c. 54, s. 32.) The cases of Troy v. Troy, Bus. Eq., 85, Watson v.…
Also in this document: Per curiam.
2Cited by12 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Jones v. . WhichardSupreme Court of North Carolina · 1913
- Anderson v. WilkinsSupreme Court of North Carolina · 1906
- Perry v. BassengerSupreme Court of North Carolina · 1941
- Hodges v. Lipscomb.Supreme Court of North Carolina · 1901
7 more not listed; retrieve them via the Exa API.