Eccles v. . Timmons
Supreme Court of North Carolina
Appeal from an order made by the clerk in a special proceeding pending in the Superior Court of Mecklenburg County, heard by Shipp, Judge, at Chambers.
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Appeal from an order made by the clerk in a special proceeding pending in the Superior Court of Mecklenburg County, heard by Shipp, Judge, at Chambers. The plaintiff alleges that he, as owner of an undivided moiety of -the land in his petition described, consisting of several parts, and lying in the city of Charlotte, is a tenant in common with the defendant, to whom the other moiety belongs, and demands a partition thereof, which cannot be effected, except by sale, without injury to the interest of the tenants. The petition avers that the defendant’s title is derived under a deed made by S.…
1Opinion of the CourtSmith, C. J.
(after stating the facts). It will be observed, that the title of the defendant-tenants is set out in the peti tion, and a copy of the deed' under which they derive it, annexed thereto.
With the information thus furnished or of easy access, the purchaser bids for the lot, pays part of the purchase money, and secures the residue by a note with the allowed credit. This credit expired on December 1st, 1885; and seven months thereafter, when served with a notice of a demand for judgment, for the first time the defence is set up of an imperfect title to the lot.
It is not a case when, upon the-face…
2Cited by3 opinions
- Norton v. Nebraska Loan & Trust Co.Nebraska Supreme Court · 1892
- Walton v. CagleSupreme Court of North Carolina · 1967
- Norton v. Nebraska Loan & Trust Co.Nebraska Supreme Court · 1892