Powell v. . Fertilizer Co.

170 S.E. 916, 205 N.C. 311, 1933 N.C. LEXIS 541
CourtSupreme Court of North Carolina
DecidedOctober 11, 1933
StatusPublished
Cited by2 cases

This text of 170 S.E. 916 (Powell v. . Fertilizer Co.) 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
Powell v. . Fertilizer Co., 170 S.E. 916, 205 N.C. 311, 1933 N.C. LEXIS 541 (N.C. 1933).

Opinion

Civil action by wards to have note and deed of trust signed by their guardian, under order of court, approved by the judge nunc pro tunc, declared null and void, heard upon facts agreed, which resulted in judgment of dismissal. Plaintiffs appeal. The judgment of the Superior Court is supported by the facts upon which it is agreed the rights of the parties depend.

The note and deed of trust were executed by the guardian pursuant to order of the clerk of the Superior Court, and before same was approved by the judge as required by C. S., 2180, but the judge's approval was later entered nunc pro tunc. This cured the defect. Campbell v. Farley,158 N.C. 42, 73 S.E. 103. Compare Mann v. Mann, 176 N.C. 353,97 S.E. 175.

Affirmed. *Page 312

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Related

Godfrey v. Gempler
70 P.2d 551 (Oregon Supreme Court, 1937)
Ipock Ex Rel. Ipock v. North Carolina Joint Stock Land Bank of Durham
175 S.E. 127 (Supreme Court of North Carolina, 1934)

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Bluebook (online)
170 S.E. 916, 205 N.C. 311, 1933 N.C. LEXIS 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-fertilizer-co-nc-1933.