Oakley v. Noppen

Supreme Court of North Carolina

Oakley v. Noppen

96 N.C. 247

DecidedFebruary 15, 1887

StatusPublished

This text of 96 N.C. 247 (Oakley v. Noppen) 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

Oakley v. Noppen, 96 N.C. 247 (N.C. 1887).

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Opinion

Smith, C. J.,

(after stating the facts). There is error in directing a sale. There should have been a re-allotment within the constitutional limits, which are overrun in the first valuation. The present case, with perhaps less reason in' support of the order, is governed by the recent case of Campbell v. White, 95 N. C., 491, of which the Judge must not have known when the decree was made, and adhering to the ruling in that case, we do not propose to review it.

The judgment below must be reversed, that further proceedings be had according to law.

Error. Reversed.

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Smith, C. J.,

(after stating the facts). There is error in directing a sale. There should have been a re-allotment within the constitutional limits, which are overrun in the first valuation. The present case, with perhaps less reason in' support of the order, is governed by the recent case of Campbell v. White, 95 N. C., 491, of which the Judge must not have known when the decree was made, and adhering to the ruling in that case, we do not propose to review it.

The judgment below must be reversed, that further proceedings be had according to law.

Error. Reversed.

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Bluebook (online)

96 N.C. 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oakley-v-noppen-nc-1887.

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