Raymer v. . McLelland

This appeal presents but one question for determination. Was the court below without power and authority to grant the relief prayed by the defendant in her answer ?

Partitions and sales for partition are equitable in their nature. Weeks v. McPhail, 128 N. C., 130, 39 S. E., 732; Seaman v. Seaman, 129 N. C., 293, 40 S. E., 41; Trust Co. v. Watkins, 215 N. C., 292. When this cause reached the civil issue docket the court had jurisdiction to review the rights of the parties under the principles of equity and to make such order as was necessary to do justice between the parties. Trust Co. v.…