Bragg v. . Lyon
Supreme Court of North Carolina
Partition — Jurisdiction of Cleric.. This was a special proceeding for Partition, heard before Gilmer, ./., at Fall Term, 3885, of Granville Superior Court, upon an appeal from the order of the clerk directing a partition of some and a sale of the other lands mentioned in the pleadings.
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Partition — Jurisdiction of Cleric.. This was a special proceeding for Partition, heard before Gilmer, ./., at Fall Term, 3885, of Granville Superior Court, upon an appeal from the order of the clerk directing a partition of some and a sale of the other lands mentioned in the pleadings. The petition alleges that the land described in the petition, embracing nine acres, on which there was situate a grist-mill, sawmill, carding machine and water power, was owned by William Bragg, James B. Floyd and Amanda, wife of Edward B. Lyon, as tenants in common; that William Bragg having died, the…
1Opinion of the CourtAshe, J.
(after stating the case). There was no error in the ruling of his Honor, that the clerk of the Superior Court had no legal power or authority to order a sale of the estate of the defendant Edward B. Lyon, who was a tenant by the courtesy, when objection to such sale had been made by him. The decision in the case of Parks v. Siler, 76 N. C., 191, is decisive on the point. It was there held, “The Courts have no power to order a sale of land for partition, when one of the defendants interested therein is a tenant by courtesy, and objects to the sale.” “That the Court had no such power at common…
2Cases cited1 opinion
- Parks v. . SilerSupreme Court of North Carolina · 1877
3Cited by6 opinions
- Hall V, HallSupreme Court of Alabama · 1948
- McCauley v. . McCauleySupreme Court of North Carolina · 1898
- Bank v. . LeveretteSupreme Court of North Carolina · 1924
- In Re Estate of SmithSupreme Court of North Carolina · 1931
- Vance v. . VanceSupreme Court of North Carolina · 1896
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