Eason v. . Jones

Supreme Court of North Carolina

Eason v. . Jones

129 S.E. 193, 190 N.C. 853, 1925 N.C. LEXIS 198

DecidedSeptember 23, 1925

StatusPublished

This text of 129 S.E. 193 (Eason v. . Jones) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eason v. . Jones, 129 S.E. 193, 190 N.C. 853, 1925 N.C. LEXIS 198 (N.C. 1925).

Pincite

Opinion

Special proceeding, for the sale of land for partition pending in the Superior Court of Johnston County. Plaintiff alleges that the clerk made an allowance to the commissioner appointed to sell the land far in excess of that allowed by law, and alleges that defendant unlawfully retained proceeds of the sale, and let it pass through his hands as assets of the estate upon which he had administered, the same being retained in addition to the sum allowed by the clerk as commissioner's fees and taxed in the bill of cost, in accordance with C. S., vol. III, 766(a). From a judgment reversing the order of the clerk, the defendant appealed. This is purely a question of fact, and upon the evidence the court below has determined what the facts are. The judgment of the court below must be

Affirmed.

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Special proceeding, for the sale of land for partition pending in the Superior Court of Johnston County. Plaintiff alleges that the clerk made an allowance to the commissioner appointed to sell the land far in excess of that allowed by law, and alleges that defendant unlawfully retained proceeds of the sale, and let it pass through his hands as assets of the estate upon which he had administered, the same being retained in addition to the sum allowed by the clerk as commissioner's fees and taxed in the bill of cost, in accordance with C. S., vol. III, 766(a). From a judgment reversing the order of the clerk, the defendant appealed. This is purely a question of fact, and upon the evidence the court below has determined what the facts are. The judgment of the court below must be

Affirmed.

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Bluebook (online)

129 S.E. 193, 190 N.C. 853, 1925 N.C. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eason-v-jones-nc-1925.