Simmons v. . Foscue
Supreme Court of North Carolina
PetitioN for Partition, of Land commenced in the probate court and heard on appeal at Spring Term, 1879, of JoNES Superior Court, before Seymour, J. The facts are stated in the opinion. The report of the commissioners was set aside by the probate court, and this ruling was affirmed by His Honor, and the plaintiff’s appealed.
1Opinion of the Court
The plaintiffs filed their petition in the Probate Court for the partition of land held by them and the defendant as tenants in common, whereof they were entitled to one-fourth part, and the defendant to the residue. A decree for partition was made, and three commissioners appointed to divide the land, one of whom withdrew, and another person substituted in his place by the remaining commissioners without objection from either party, co-operated in executing the order. In their report, the share allotted to the defendant is charged with the payment of $1,030 to the share of the plaintiffs for…
2Cases cited3 opinions
- Pope v. . WhiteheadSupreme Court of North Carolina · 1873
- Collett v. . HendersonSupreme Court of North Carolina · 1879
- Nicelar v. Heirs of BarbrickSupreme Court of North Carolina · 1835
3Cited by9 opinions
- Taylor v. . CarrowSupreme Court of North Carolina · 1911
- Thompson v. RospigliosiSupreme Court of North Carolina · 1913
- Jenkins v. . StricklandSupreme Court of North Carolina · 1938
- Trull v. . RiceSupreme Court of North Carolina · 1885
- Thompson v. . RospigliosiSupreme Court of North Carolina · 1913
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