Martin v. People's Bank

Citations

• 115 F. 226
• 1902 U.S. App. LEXIS 4925

Syllabus

<p>1. Appeal — Law of Case — Amending Decree after Affirmance.</p> <p>Where a decree o£ the circuit court has been affirmed by the circuit court of appeals, the circuit court cannot review the action of the court of appeals, or entertain a petition to amend the decree.</p> <p>2. Res Judicata — Voluntary Appearance on Appeal.</p> <p>Where, in an action for partition of real property, the holder of a life estate in an undivided share of the property, who was not a party, voluntarily intervenes and presents his contention in the circuit court of appeals, he is bound by the decision of that court.</p> <p>8, Partition — Interest of Life' Tenant.</p> <p>Where a life tenant in an undivided share of real estate In North Carolina becomes a voluntary party in the circuit court of appeals to an action for partition of such property, his rights can be fully protected by the circuit court on a sale of the property, under St. N. C. c. 214, j? 3, providing that in proceedings for partition of land a life tenant may join, and on a sale the interest on the value of the share of the life tenant shall be paid to him annually, or the value of such share during his probable life shall be ascertained and paid to him out of the proceeds of the sale.</p>