Legal Opinion

Herman v. . Watts

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 6 opinions

This was a civil ACTION, tried at the Fall Term, 1890, of ALEXANDER Superior Court, before Connor, J. It appears that David F. Herman, his three brothers and sister, were tenants in common of the land in question, and other lands; that the same were duly partitioned among them under proper proceedings had in the Court of Pleas and Quarter Sessions in and for the county of Alexander in the latter part of the year 1861; that the land was divided into five parts; that lot No. 1…

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This was a civil ACTION, tried at the Fall Term, 1890, of ALEXANDER Superior Court, before Connor, J. It appears that David F. Herman, his three brothers and sister, were tenants in common of the land in question, and other lands; that the same were duly partitioned among them under proper proceedings had in the Court of Pleas and Quarter Sessions in and for the county of Alexander in the latter part of the year 1861; that the land was divided into five parts; that lot No. 1 was allotted to David F. Herman, and valued at $2,700; that this lot was charged with $360 in favor of lot No. 3, which…

1Opinion of the Court

MekriííON, C. J.

after stating the facts: The decree of the late Court of Pleas and Quarter Sessions, in the proceedings for partition mentioned, charged the more valuable dividend of land designated as No. 1, and allotted to David F. Herman, with the sum of money specified in favor of the dividend of inferior value designated as lot No. 8, and allotted to William Herman; and likewise with the other sum of money specified in favor of the other dividend of inferior value, designated as lot No. 4, and allotted to Leander Herman. The sums so charged were, in effect, debts due from the dividend —…

2Cases cited5 opinions

  1. Long v. . JarrattSupreme Court of North Carolina · 1886
  2. Knott v. . TaylorSupreme Court of North Carolina · 1888
  3. Ruffin v. . CoxSupreme Court of North Carolina · 1874
  4. Dobbin v. RexSupreme Court of North Carolina · 1890
  5. Turpin v. . KellySupreme Court of North Carolina · 1881

3Cited by6 opinions

  1. Aldridge v. . DixonSupreme Court of North Carolina · 1933
  2. Ex parte SmithSupreme Court of North Carolina · 1904
  3. Smith Ex ParteSupreme Court of North Carolina · 1904
  4. Dobbin v. . RexSupreme Court of North Carolina · 1890
  5. Field v. . MoodySupreme Court of North Carolina · 1892

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