Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-11-29
BIRD V. GILLIAN

S'c Nouft oil North Carolina
October, II, 1899.
WHERE ONE BUYS LAND AFTER
~ JUDGMENT OF THE SUPREME
COURT AFFECTING IT, AND BE
FORE THE END OF THE TIME
ALLOWED FOR A REHEARINc,
HE TAKES IT SUBJECT TO THE
FURTHER REVIEW BY THE
COURT or IT'S JUDGMENT. ON
THE REHEARING.
The case appears from the on,n,o,
OF the court
The court says:
Wnen This case was first heard It was
decided In favor of the plaintiff, On
rencaring this judgement was reversed
AFTER the first judgment of this court
ana before the expiration of tho ti,no
within which the application for ', rn-
nearing could be filed, the plaintiff sold
.he Eand to the petitioners. Upon
Inc going down Of the certificate of tho
iast opinion, the petitioners filed nm nf-
iidaVit That they had purchased fnr
value and without notice, and asked to
nc ict IN to assert their rights. THE
motion was denied. In a proper coso
additional parties can be made nwnn
.iter Judgment, but certainly It is usn-
iess when the grounds fully appear, and
can DC adjudicatcd upon the motion
LOT none or their allegations are denied
indeed, 1t appears the petitioners took
their decd before the petition to reheor
was iiled, and therefore without notice
Oh rehearing. But they had notice
~ i,w Oh inc fact that the rehcarng
could be applied for at any time IN
after the expiration of the first 20
days or The next term of the supreme
court, and took the rights of the nlain-
1nf.-no more,-which were subject a.
lurther review by rehearing. No
entry or lis pcndens under Code. sec
~ is required in any case when the
, ,. Is In the county where the land
ies. ~ party RECEIVERS a tract of land
IN the superior court. 1t is final. unless
appealed from, but the defendant has
III days after the adjournment OF corr,
III when to appeal. One who relvinr
upon the Judgment Of the sunerio,.
court, takes a conveyance from tho suc-
cessful party before the expiration Of
the ~ days. takes 1t subject to the right
Oh appeal and OF the Judgment which
may be entered therein, and he is
conciusively fixed with notice of the
litigation. If n Judgment is entered In
this court In certain cases, n writ ~
'crror may be sued out to the United
states supreme court in two wears
The assignee of the judgment in such
C"Sc TAXES SUBJECT 10 the action of tho
higher tribunal. a rehearing by thje
court is in the nature of an apDeoI
from this court to itself The Code
tsection 966) prcscribes that 1t NAV he
entered at any time before the eyp,ra-
ton of the first 20 days of the next
succeeding term. While it has been
held that under the present constitu-
ton the supreme judicial power being
indcpendent<of the other departments
the legislature cannot prescribe rules
of practice FOR this court, yet this court
under the power to prescribe and resu-
late Its own methods of procedure and
practice, has copied, almost verbatim
the provisions of Code, sec. 966, in its
rule so. 1t was the petitioners own
fault that they took a conveyance of
the plaintiffs recovery before the ex
piration of the period within which an
application to rehear could be filed. If
by so doing the rights of petitioners 10
rehear could be defeated. the relief in
tended to be given by such reviews of
the action of the court would be almost
IL not altogether. denied by the anti
cipatory promptness of any party who
might be affected by such reviews. II
can make no difference that petitions
10 rehear are now, like appeals from.
the superior court formerly were, mat
ters OF grant and not of right. The
effect upon the right OF all parties
when granted Is the same. No error: