McLaurin v. . McLaurin

Citations

• 10 S.E. 1056
• 106 N.C. 331

Syllabus

<p>Special Proceedings — Real Estate — Asse/s — Final Decree — Motion in the Cause — Removal of Administrator — Jurisdictional Functions of the Cleric — Irregularities.</p> <p>1. Where, in special proceedings npon petition to sell lands for assets, there had been an order of sale, sale had been made, duly reported and confirmed, and the commissioner authorized to make title to the purchaser: Held, that this was a final decree.</p> <p>2. Such decree will not be set aside upon motion in the cause, it not appearing that there was any substantial irregularity, but must be attacked in an independent action regularly constituted for this purpose.</p> <p>3. It -is improper to join a motion to remove an administrator to such a motion. The Clerk, on questions of removal, exercises a jurisdictional function as Clerk, while the other is a special authority conferred upon him by statute. 4. Final judgments may be set aside upon irregularities shown on motion in the cause made in apt time.</p>