161 N.C. 211
75 S.E 1086
Supreme Court of North Carolina
Decided October 16, 1912
Supreme Court of North Carolina · decided 1912-10-16
<p>Partition — Parties—Appeal and Error — Motions—Estoppel.</p> <p>A party to proceedings to partition lands, who was present at the sale and received his share of the purchase money, may not, after confirmation of the matters adjudicated and affirmed on appeal, by motion in the original cause, have the sale set aside as to him.</p>
Decided 1912-10-16
¶1 Tbis cause was before tbe Court at a former term, 148 N. C., 438.
¶2 Mrs. Colin Lee now moves in tbe original cause to set aside tbe judgment and sale for division as to ber.
¶3 Her own deposition proves sbe was made a party to tbe partition proceeding, was present at tbe sale and received ber share of tbe purcbase- money. His Honor properly dismissed ber petition.
¶4 Affirmed.