Ditmore v. . Rexford

Clark, O. J.

This was a proceeding for partition of land begun before the clerk. The defendants pleaded sole seisin and the cause was transferred to the court at term. It became then in effect an action of ejectment. Hunnicutt v. Brooks, 116 N. C., 792; Sipe v. Sherman, 161 N. C., 109.

The plaintiffs introduced a quitclaim deed from George Bum-garner to Daniel D. Foute (under whom the plaintiffs claim as heirs at law) and three others, dated 3 January,- 1853. This deed recites tbat it embraces land covered, by certain entries therein named, which are the land in controversy. These entries had…