Fisher v. . Toxaway Co.
Supreme Court of North Carolina
Appeal by defendant from Adams, J., at Spring Term, 1913, of TRANSYLVANIA. This is a petition for partition of twenty-six tracts of land, described in the petition. Tbe defendants are The Toxaway Company, a corporation, and J. 0. Fisher and others, who with the plaintiff are the heirs at law of John S. Fisher.
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Appeal by defendant from Adams, J., at Spring Term, 1913, of TRANSYLVANIA. This is a petition for partition of twenty-six tracts of land, described in the petition. Tbe defendants are The Toxaway Company, a corporation, and J. 0. Fisher and others, who with the plaintiff are the heirs at law of John S. Fisher. The defendant The Toxaway Company answered that it has no knowledge of the allegations contained in the first paragraph of said petition, and no information thereof sufficient to form a belief, except that it is not true, as therein alleged, that The Toxaway Company, the defendant, is…
1Opinion of the CourtBbowN, J.
Tbe first exception of defendant is directed to tbe following finding of fact by tbe referee:
1. “It was agreed by counsel that this is a controversy solely between tbe plaintiff and tbe defendant Toxaway Company, and that tbe plaintiff is entitled to a one-eighth undivided interest in tbe lands of which J. S. Fisher died seized, and which have not already been partitioned among his heirs at law or otherwise disposed of; that the lands in controversy are those described in a deed from W". A. Fisher et al. to The Toxaway Company, dated 3 July, 1896; recorded in Book 13, page 459, Transylvania…
2Cases cited3 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Thompson v. . SmithSupreme Court of North Carolina · 1911
- Overman v. . LanierSupreme Court of North Carolina · 1911
3Cited by5 opinions
- Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
- Smith v. SmithSupreme Court of North Carolina · 1965
- Lofton v. . BarberSupreme Court of North Carolina · 1946
- Fisher v. . Toxaway Co.Supreme Court of North Carolina · 1916
- Smith v. SmithSupreme Court of North Carolina · 1965