Mauney v. . Gidney
Supreme Court of North Carolina
MotioN to set aside a judgment, under section 133 of the Code, heard at January Special Term, 1881, of Cleaveland Superior Court, before Eure, J. At August term, 1863, of the county court of Cleaveland county, license was granted to William McSwain, as administrator of George McSwain, to sell the lands of his intestate for assets to pay debts.
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MotioN to set aside a judgment, under section 133 of the Code, heard at January Special Term, 1881, of Cleaveland Superior Court, before Eure, J. At August term, 1863, of the county court of Cleaveland county, license was granted to William McSwain, as administrator of George McSwain, to sell the lands of his intestate for assets to pay debts. At the sale, which was had soon thereafter, H. K. McSwain became the purchaser, and upon report thereof the sale to him was confirmed. He took no deed from the administrator, though it is alleged that he paid him the whole purchase money. Afterwards he…
1Opinion of the CourtRuffin, J.
We infer, though it is barely a matter of inference with us, that some irregularity was committed in the course of the proceedings in the county court when the first administrator applied for a.license to sell the lands of his intestate, which it is now supposed vitiated those proceedings and may affect injuriously the order that was then made. Nothing of the sort, however, is alleged to have occurred in the action which the present plaintiff brought in 1878, for the purpose of enforcing the execution of his deed. So far as is disclosed in the record or in the findings of the court below,…
2Cases cited2 opinions
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- English v. . EnglishSupreme Court of North Carolina · 1882
3Cited by15 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Cahoon v. BrinkleySupreme Court of North Carolina · 1918
- Cahoon v. . BrinkleySupreme Court of North Carolina · 1918
- Beaufort Lumber Co. v. CottinghamSupreme Court of North Carolina · 1917
- Jeffries v. . AaronSupreme Court of North Carolina · 1897
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