McNeely v. . McNeely
Supreme Court of North Carolina
Special Proceeding for Partition of Land commenced in the probate Court and heard on appeal at Special Pall Term, 1879, of Iredell Superior Court, before Qudger, J. This proceeding involved the construction of a will, and the plaintiffs appealed from the ruling of the court below.
1Opinion of the CourtSmith, C. J.
The plaintiffs allege that they and the defendant, the only child and heir of his deceased father, Billy McNeely, are'tenants in common of the land described in their complaint which formerly belonged to David Mc-Neely who devised it to his wife for life, and that the reversion descended to the plaintiffs and the intestate, his heirs-at-law. The object of the action is to obtain partition. The defendant answers, denying the tenancy in common and averring a sole seizin in himself, and he demands from the plaintiffs damages as rent for their use and occupation of the premises. The issue thus…
2Cited by12 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Helms v. Helms.Supreme Court of North Carolina · 1904
- Cook v. . SinkSupreme Court of North Carolina · 1925
- Cuthbertson v. . MorganSupreme Court of North Carolina · 1908
- Wellons v. . JordanSupreme Court of North Carolina · 1880
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