In re Wilson, 161 N.C. 211 (1912)

Oct. 16, 1912 · Supreme Court of North Carolina
161 N.C. 211

In re JOHN WILSON, Ex Parte.

(Filed 16 October, 1912.)

Partition — Parties—Appeal and Error — Motions—Estoppel.

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.

Appeal by Colin Lee and Bryant Timber Company from Ferguson, J., at September Term, 1912, of SampsoN.

J. D. Kerr, Sr., for Mrs. Colin Lee.

George F. Butler and Cyrus M. Faircloth for Bryant Timber Company.

Faison & Wright for John E. Wilson, appellee.

Per Curiam.

Tbis cause was before tbe Court at a former term, 148 N. C., 438.

Mrs. Colin Lee now moves in tbe original cause to set aside tbe judgment and sale for division as to ber.

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.