37 S.E. 504 | N.C. | 1900
Lead Opinion
This is a petition to re-bear this case, which is reported in 126 N. C., 258. The proceeding is a motion in the canse to set aside a judgment rendered at August Term, 1887, of LeNoie Superior Court. The Judge found as facts: That in 1883 an action was brought by W. B. Eerrell and others (among whom are all the movers herein) to have E. S. Broadway, who had in 1880 bought a tract of land at foreclosure sale, declared a trustee for the plaintiffs in that action. The movers herein were parties-plaintiff therein, and, being minors, were represented by their next friend, W. B. Eerrell; and their counsel were George V. Strong and D. E. Perry, both of whom are since dead. That at August Term, 1887, the defendant having filed answer, judgment was entered as follows: “The following jurors, having been chosen, impaneled, and sworn to try the issues arising upon the pleadings, for their verdict say that they find all the issues in favor of defendant; and it is thereupon ordered and adjudged that the plaintiffs take nothing,” etc. That W. B. Ferrell, the next friend of the movers herein,
Dissenting Opinion
(dissenting). My views of the matters involved in this appeal remain as they were -when the former
Lead Opinion
MONTGOMERY and DOUGLAS, JJ., dissenting.
This is a petition to rehear this case, which is reported in