Hodges v. Lipscomb.
Supreme Court of North Carolina
ActioN by Samuel Hodges and others against James Lipscomb and others, heard by Judge G. S. Ferguson, at September Term, 1903, of the Superior Court of Wilson County.
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ActioN by Samuel Hodges and others against James Lipscomb and others, heard by Judge G. S. Ferguson, at September Term, 1903, of the Superior Court of Wilson County. Civil action, brought for the purpose of selling certain lands for reinvestment under the provisions of chapter 99, Laws 1903. The land ordered by the Court to be sold for reinvestment was devised by the testator to his adopted daughter, Minnie, for life, “and at her death to such child or children as she may leave surviving her, and if any of said children shall die, leaving issue, prior to the death of said Minnie, in that…
1Opinion of the Court
Clark, O. J.
(after stating the facts). All the facts alleged in the complaint are admitted in the answer, and that a sale of the land described in the complaint will be beneficial not only to the plaintiffs but to the defendants, the contingent remaindermen, if the interests of the defendants can be protected by the decree, and the purchasers assured of a good title. This will was passed upon by this Court in Hodges v. Lips comb, 128 N. C., 57, and it was held that the Court had no power to order a sale with tbe parties then before the Court. In this action additional parties have been made,…
2Cases cited4 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Bass v. Roanoke Navigation & Waterpower Co.Supreme Court of North Carolina · 1892
- Hodges v. Lipscomb.Supreme Court of North Carolina · 1901
- Watson v. . WatsonSupreme Court of North Carolina · 1857
3Cited by20 opinions
- Anderson v. WilkinsSupreme Court of North Carolina · 1906
- Pendleton v. WilliamsSupreme Court of North Carolina · 1918
- Anderson v. . WilkinsSupreme Court of North Carolina · 1906
- McDaniel v. . LeggettSupreme Court of North Carolina · 1945
- Ryder v. . OatesSupreme Court of North Carolina · 1917
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