Batts v. . Staton
Supreme Court of North Carolina
Civil action for the recovery of land, tried before Timberlake, J., at June Term, 1897, of Edgecombe Superior Court. Both parties derived title from a common source, Benjamin Batts, who devised his land to his two sons, D. B. Batts and I. E. Batts, between whom it was divided by decree of the Superior Court in a proceeding for partition. About a year after the decree, the two brothers, by parol, agreed upon a change in the dividing line.
Read the full summary
Civil action for the recovery of land, tried before Timberlake, J., at June Term, 1897, of Edgecombe Superior Court. Both parties derived title from a common source, Benjamin Batts, who devised his land to his two sons, D. B. Batts and I. E. Batts, between whom it was divided by decree of the Superior Court in a proceeding for partition. About a year after the decree, the two brothers, by parol, agreed upon a change in the dividing line. The plaintiff instituted this suit in order to re-establish the original dividing line. There was a verdict and judgment in favor of'plaintiff, and appeal by…
1Opinion of the Court
Moetgomeky, J.:
Partition by decree of the Superior Court of Edgecombe was made of a tract of land in that county, in 1870, among the devisees of Benjamin Batts. The shares of Isaac and D. B. Batts were coterminous and the line between them was described in the survey made at the time of partition as running from a bunch of birches, near Bryan’s old mill, South 70£ West to an oak on the road, being represented on the map used in the trial by the line running from A to B. The plaintiff, who is the son of D. B. Batts, is the owner of (two-thirds undivided interest) the share allotted to his…
2Cases cited4 opinions
- Davidson v. . ArledgeSupreme Court of North Carolina · 1883
- Shaffer v. . HahnSupreme Court of North Carolina · 1892
- Den Ex Dem. Reed v. ShenckSupreme Court of North Carolina · 1830
- Den on the Demise of Caraway v. ChancySupreme Court of North Carolina · 1859
3Cited by1 opinion
- Wilson County Board of Education v. LammCourt of Appeals of North Carolina · 1970