Langston v. . Weil

Decided February 5, 1895

Supreme Court of North Carolina · decided 1895-02-05

This was an action or proceeding instituted before the Clerk of tlie Superior Court of Wayne County by the plaintiffs, to set aside the decree in a special proceeding-under which lands of the feme plaintiff’s ancestor had been sold, and heard at January Term, 1895, of Wayne Superior Court, before Winston, J. The complaint was as follows: The plaintiff, Elizabeth Langston, upon information and belief, alleges: 1.

Decided 1895-02-05

Per Ouriam:

¶1 Special proceeding in which defendants demurred to complaint filed before the clerk. The clerk sustained the demurrer and ordered that the proceeding be dismissed. On appeal Judge Bymom on the 3rd of July, 1894, sustained the ruling of the clerk. From this last judgment the plaintiffs appealed to the Supreme Court, but did not perfect the appeal. At September Term, 1894, of the Superior Court of Wathb County, plaintiffs moved, before Winston, Judge gyresiding, for leave to divide the action into two. The court refused the motion on the ground that the matters involved, in the controversy were res adjudicata.

¶2 The judgment of the court below is affirmed.

¶3 Affirmed.