Small v. . Small
Supreme Court of North Carolina
This was a special PROCEEDING, commenced in the Probate Court of PerquimaNS county, where issues of fact arising upon the pleadings, the case was transferred to the Superior-Court, and tried before Pun, J., at Fall Term, 1875, upon the following statement of facts: Before 1856, William Small, the plaintiff’s intestate, had married the plaintiff, who was the mother of the defendants, Wilson, William and Joseph Mardre, by a former marriage, and had been appointed then*…
Read the full summary
This was a special PROCEEDING, commenced in the Probate Court of PerquimaNS county, where issues of fact arising upon the pleadings, the case was transferred to the Superior-Court, and tried before Pun, J., at Fall Term, 1875, upon the following statement of facts: Before 1856, William Small, the plaintiff’s intestate, had married the plaintiff, who was the mother of the defendants, Wilson, William and Joseph Mardre, by a former marriage, and had been appointed then* guardian by the proper court. All were infants, Joseph being also a lunatic. These infants, owned as tenants in common a tract…
1Opinion of the CourtPeaRSON, C. J.
In the argument before us, the counsel for the Madres ” did not impeach the decree ordering a sale of the land for partition, or draw in question the validity of the deed executed by the Clerk and Master, so far as it had the effect to pass the legal title to William Small; but he put the equity of his clients to have a preference over the other creditors of Small in respect to the fund arising from the sale of the land, on the ground of the fiduciary relation of Small as then- guardian. He filed the petition to have the land sold for partition as their guardian, and in that capacity…
2Cited by15 opinions
- Weil v. . HerringSupreme Court of North Carolina · 1934
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Sykes v. EverettSupreme Court of North Carolina · 1914
- Southerland v. . FremontSupreme Court of North Carolina · 1890
- M. & J. Finance Corp. v. HodgesSupreme Court of North Carolina · 1949
10 more not listed; retrieve them via the Exa API.