Gilbert v. Hopkins
U.S. Circuit Court for the District of Western North Carolina
In Equity. This is a suit for partition, originally instituted before the clerk of the superior court of the county of Graham, N. C. Upon application of the defendants, the cause was removed to this court and docketed on the equity side of the docket.
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In Equity. This is a suit for partition, originally instituted before the clerk of the superior court of the county of Graham, N. C. Upon application of the defendants, the cause was removed to this court and docketed on the equity side of the docket. In the petition upon which this suit is based, it is alleged: That, on the 3d day of November, 1800, and subsequently, the state of north Carolina issued to W. H. Peet and L. W. Gilbert a number of grants, to which reference is made by giving the number of said grants, the number of acres contained therein, etc.; that the said L. W. Gilbert is…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). As shown by the statement of facts, this is a petition for partition filed by the plaintiff in the superior court of Graham county, and which, upon application of the defendants, who are nonresidents, was removed into this court. Notwithstanding issue has been joined, and a cross-bill and amendment thereto filed, and a considerable amount of evidence taken by the examiner, it is insisted by counsel for plaintiffs that, inasmuch as the defendants in their answer interpose the plea of sole seisin, the proceedings herein should be suspended, and that the…
2Cases cited26 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Hipp v. BabinSupreme Court of the United States · 1857
- Kirk v. HamiltonSupreme Court of the United States · 1880
- United States v. WilsonSupreme Court of the United States · 1886
- Baylis v. Travellers' InsuranceSupreme Court of the United States · 1885
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3Cited by7 opinions
- Colleton Mercantile & Mfg. Co. v. Savannah River Lumber Co.Court of Appeals for the Fourth Circuit · 1922
- Scott v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1922
- Southern Ry. Co. v. City of GreenwoodDistrict Court, W.D. South Carolina · 1928
- Kaneohe Rice Mill Co. v. HoliHawaii Supreme Court · 1911
- New Jersey Land & Lumber Co. v. Gardener Lacy Lumber Co.U.S. Circuit Court for the District of Eastern North Carolina · 1911
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