Tuttle v. Tuttle
Supreme Court of North Carolina
Oivil actioN, tried at September Term, 1906, of the Superior Court of Teanstlvania County, before O. H. Allen, J and a jury, brought by the plaintiffs against the defendants to set aside, upon the ground of fraud, the decree of sale and orders entered in a special proceeding for partition of certain lands, in which the plaintiffs and the defendant R. M. Tuttle were tenants in common.
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Oivil actioN, tried at September Term, 1906, of the Superior Court of Teanstlvania County, before O. H. Allen, J and a jury, brought by the plaintiffs against the defendants to set aside, upon the ground of fraud, the decree of sale and orders entered in a special proceeding for partition of certain lands, in which the plaintiffs and the defendant R. M. Tuttle were tenants in common. The court submitted the following issues affecting the appellants : “1. Was there an arrangement and understanding, at or before the time of executing the deed to L. E. and C. E. Cor-pening, between the grantor…
1Opinion of the CourtBeowN, J.
The plaintiffs and the defendant R. M. Tuttle were tenants in common of five tracts of land in Transylvania County, containing some 3,200 acres. R. M. Tuttle owned an interest of one twénty-seventh and was the general agent of his cotenants, his brothers and other near relatives, in the management and control of the land. 'In April, 1901, R. M. Tuttle- caused a special proceeding to be commenced in the Superior Court of Transylvania County for the purpose of *487selling said lands for partition, to which bis cotenants were made copetitioners and parties of record. A decree of sale was duly…
2Cases cited12 opinions
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