England v. . Garner
Supreme Court of North Carolina
MotxoN to set aside an order of sale, At spring term, 1860, of the court of equity of Moore county, a petition was filed in the name and on the behalf of the parties now complaining for the partition by sale of three several tracts of laud held by them as tenants in common. The lands were sold under a decree, and bought by the several defendants, who have paid therefor, and received their title deeds.
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MotxoN to set aside an order of sale, At spring term, 1860, of the court of equity of Moore county, a petition was filed in the name and on the behalf of the parties now complaining for the partition by sale of three several tracts of laud held by them as tenants in common. The lands were sold under a decree, and bought by the several defendants, who have paid therefor, and received their title deeds. The cause was retained on the docket, and afterwards transferred to that of the superior court, under rules against the purchasers, and at fall term, of 1871, the rules were discharged and the…
1Opinion of the CourtSmith, C. J.
The cases cited by the counsel for the appellants show that relief from a judgment at law, rendered against the course of the court, may be had by motion in the cause. To this class of cases belong:
Pearson v. Nesbit, 1 Dev., 315, where the judgment was vacated seven years after its rendition, because the same person was plaintiff, an executor and a defendant.
Keaton v. Banks, 10 Ired., 381, where an unauthorized acceptance of service of process was made for an infant defendant, and the judgment on which an execution had issued and property sold was set aside eight years thereafter.
It is…
2Cases cited5 opinions
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Peterson v. . VannSupreme Court of North Carolina · 1880
- Covington v. . IngramSupreme Court of North Carolina · 1870
- Thaxton v. . Williamson .Supreme Court of North Carolina · 1875
- Latta v. . VickersSupreme Court of North Carolina · 1880
3Cited by10 opinions
- McLaurin v. . McLaurinSupreme Court of North Carolina · 1890
- Sledge v. . ElliottSupreme Court of North Carolina · 1895
- Smith v. . FortSupreme Court of North Carolina · 1890
- Burgess v. . KirbySupreme Court of North Carolina · 1886
- Walker v. . WalkerSupreme Court of North Carolina · 1933
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