Brooks v. . Stephens
Supreme Court of North Carolina
This was an appeal by the plaintiff, from an order made by Connor, J., at Chambers, in Wilmington, in April, 1887, amending a judgment rendered by Clark, J., at Fall Term, 1886, of the Superior Court of JoNES County, to which the proceeding had been moved, by consent of parties, from Onslow. The facts sufficiently appear in the opinion.
1Opinion of the CourtSmith, C. J.
There is no error assigned in this appeal, which is taken from the action of the Judge in correcting a mistake made in rendering a judgment in the cause at a previous term, and at a place outside the county wherein it had been pending.
The subject-matter of the amendment was in the plaintiff's claim to dower in a fund, which had been produced by the sale of what is called the Miller land, in which her husband had acquired the equity of redemption, subject to two incumbering mortgages, the debt secured in the latter having been assigned to him. The proceeds of the sale were insufficient to…
2Cases cited7 opinions
- Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873
- Shackelford v. . MillerSupreme Court of North Carolina · 1884
- Walton v. . PearsonSupreme Court of North Carolina · 1881
- Harrell v. . PeeblesSupreme Court of North Carolina · 1878
- Perry v. . AdamsSupreme Court of North Carolina · 1880
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3Cited by11 opinions
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- Beuhring's Adm'r v. Chesapeake & Ohio R'y Co.West Virginia Supreme Court · 1892
- Ragan v. . RaganSupreme Court of North Carolina · 1938
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