Beard and Others v. . Hall
Supreme Court of North Carolina
Ejectment, tried before Mitchell, J., at Spring Term 1868 of the Superior Court of Rowan. In 1858 tbe lessors of the plaintiff, as tenants in common of the land in question, being minors, had filed a petition for partition in the Court of Equity for Rowan, and at a sale thereunder, in the Spring of 1860, Mrs. M. L. Beard became the purchaser. Subsequently there was an order to collect and make title.
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Ejectment, tried before Mitchell, J., at Spring Term 1868 of the Superior Court of Rowan. In 1858 tbe lessors of the plaintiff, as tenants in common of the land in question, being minors, had filed a petition for partition in the Court of Equity for Rowan, and at a sale thereunder, in the Spring of 1860, Mrs. M. L. Beard became the purchaser. Subsequently there was an order to collect and make title. There was evidence tending to show that before the title had been made, Mrs. Beard agreed to sell the land to the defendant, and received from him therefor $15,000 in Confederate money, and such…
1Opinion of the CourtPeaeson, C. J.
Tenants in common file a bill in Equity praying to have land sold under the order of the Court for the purpose of partition; the Court orders a sale, which is made and tbe report of tbe sale confirmed; thereupon it is •ordered that the Clerk and Master collect the purchase money, and make title to the purchaser on payment of the purchase money; the Clerk and Master makes a deed to the purchaser, setting out that the purchase money has been paid in full, and the purchaser makes a deed to a third person, admitting the receipt and payment of the price agreed on. Can the tenants in common treat…
2Cited by4 opinions
- State Ex. Rel. Petty v. RousseauSupreme Court of North Carolina · 1886
- Dickens v. . LongSupreme Court of North Carolina · 1891
- Donoho v. . PattersonSupreme Court of North Carolina · 1874
- Simmons v. . HassellSupreme Court of North Carolina · 1873