Baggett v. . Jackson
Supreme Court of North Carolina
Appeal by defendant from Oa-rter, J., at August Term, 1912, of Sampson. This proceeding was commenced before the clerk, and on issue joined was transferred to the Superior Court at term to be tried.
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Appeal by defendant from Oa-rter, J., at August Term, 1912, of Sampson. This proceeding was commenced before the clerk, and on issue joined was transferred to the Superior Court at term to be tried. The petitioners are seven children of Charles Baggett, including Anson Baggett, who allege that as heirs of Charles Baggett they are tenants in common of two tracts of land, one containing 42 acres and the other 11% acres, subject to the dower right of the widow of Charles Baggett, the defendant M. A. Baggett. They further allege that Anson Baggett is not entitled to any part of said land, because…
1Opinion of the CourtAlleN, J.
The motion to dismiss was made before the introduction of.evidence, and was necessarily based on the allegations of the petition, which is fully authorized by the provisions of section 2517 of the Eevisal, allowing dower to be allotted and a partition among tenants in common in the same proceeding. The presence of the other defendant, Jackson, if not shown to be a necessary party by the petition, was immaterial except as affecting costs. Ormond v. Insurance Co., 145 N. C., 142.
If, however, the proceeding was improperly instituted before the clerk, to which we do not give our assent, when it…
2Cases cited10 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Davis v. FrazierSupreme Court of North Carolina · 1909
- Faison v. . WilliamsSupreme Court of North Carolina · 1897
- Acker v. . PridgenSupreme Court of North Carolina · 1912
- Williams v. . DunnSupreme Court of North Carolina · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Cole v. WagnerSupreme Court of North Carolina · 1929
- Chas. W. Priddy & Co. v. SanderfordSupreme Court of North Carolina · 1942
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Brown v. . BrownSupreme Court of North Carolina · 1915
29 more not listed; retrieve them via the Exa API.