Woodlief v. Wester.
Supreme Court of North Carolina
ActioN by R. R. Woolief against A. B. Wester and others, beard by Judge Fredericlc Moore and a jury, at January Term, 1904, of the Superior Court of Ekaniclin County. This case was a special proceeding for partition, of land, which was transferred from the Clerk to the Superior Court and placed on the civil issue docket for the trial of issues joined, and A. B. Wester, mortgagee of the interest of one of the co-tenants, was made a party.
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ActioN by R. R. Woolief against A. B. Wester and others, beard by Judge Fredericlc Moore and a jury, at January Term, 1904, of the Superior Court of Ekaniclin County. This case was a special proceeding for partition, of land, which was transferred from the Clerk to the Superior Court and placed on the civil issue docket for the trial of issues joined, and A. B. Wester, mortgagee of the interest of one of the co-tenants, was made a party. The mortgagor relied upon the statute of limitations. The facts are as follows: Henry Merritt died in 1861, leaving a will, by which he devised a tract of…
1DissentClark, C. J.
This case was a special proceeding for partition of land, which was transferred from the Clerk to the Superior Court and placed on the civil issue docket for the trial of issues joined, and A. B. Wester, mortgagee of the interest of one of the co-tenants, was made a party. The mortgagor relied upon the statute of limitations. The facts are as follows: Henry Merritt died in 1861, leaving a will, by which he devised a tract of land to Sallie Woodlief for life, and at her death to her children. There were six of these children. One of these, R. R. Woodlief, bought the share of one of his…
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