Lupton v. . Lupton
Supreme Court of North Carolina
Spboial PROCEEDING, begun before the Clerk of the Superior Court of Carteret county, for the sale for partition of a boat, described in the petition. One issue, as to title, was raised, and being transferred to Term for trial, was heard before Boyhin, J., and a jury, at Fall Term, 1894, of Carteret Superior Court. These facts sufficiently appear in the decision of Chief Justice Faircloth. From a judgment for the plaintiff, defendant appealed.
1Opinion of the Court
Faircloth, C. J.:
The plaintiff, Ida L. Lupton, filed a petition for sale and division of the proceeds of a certain boat, “Dolly,” alleging that she and defendant were tenants in common of the boat, which was denied by defendant. In the assignment of plaintiff’s year’s allowance from her former husband’s estate, one of the items was “one-half of boat,” and defendant insisted that that part of the assignment was void for want of better description and that no title passed. It was proved that the boat “Dolly” was the only boat in which her husband had any interest at his death. His Honor…
2Cases cited2 opinions
- Blakely v. . PatrickSupreme Court of North Carolina · 1872
- Spivey v. . GrantSupreme Court of North Carolina · 1887
3Cited by3 opinions
- Fulcher v. . FulcherSupreme Court of North Carolina · 1898
- Alston v. . SavageSupreme Court of North Carolina · 1917
- Holman v. . WhitakerSupreme Court of North Carolina · 1896