Harriett v. . Harriett
Supreme Court of North Carolina
Appeal by defendant from. Connor, J., at Spring Term, 1920, of JONES. This was a petition originally filed for actual partition, and by consent a sale of all the property was ordered, and it was sold.. Enough of the proceeds of the sale was left in the clerk’s office to protect the matters involved in this appeal, which arise upon a petition by the plaintiff for betterments.
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Appeal by defendant from. Connor, J., at Spring Term, 1920, of JONES. This was a petition originally filed for actual partition, and by consent a sale of all the property was ordered, and it was sold.. Enough of the proceeds of the sale was left in the clerk’s office to protect the matters involved in this appeal, which arise upon a petition by the plaintiff for betterments. James Harriett was the father of plaintiffs and defendants, and died in 1877, leaving a widow, Mary E. Harriett, who died in 1917, and the plaintiffs and defendants are their only descendants as heirs at law and devisees.…
1Opinion of the CourtAlleN, J.
The issues submitted to the jury are raised by the pleadings, and are substantially like those approved in Pritchard v. Williams, 176 N. C., 110, and as there was evidence supporting the contention of the plaintiff that he made valuable improvements on the land, believing in good faith that he would own it in fee upon the death of his mother, under a deed executed by her, the court could not direct a verdict in favor of the defendants.
The fact that there was an outstanding life estate in the plaintiff or in his mother is not a bar to the claim for betterments, since the plaintiff claimed…
2Cases cited4 opinions
- Pritchard v. WilliamsSupreme Court of North Carolina · 1918
- Pritchard v. . WilliamsSupreme Court of North Carolina · 1918
- Whitfield v. . BoydSupreme Court of North Carolina · 1912
- Pritchard v. WilliamsSupreme Court of North Carolina · 1919
3Cited by4 opinions
- Board of Com'rs of Roxboro v. BumpassSupreme Court of North Carolina · 1953
- Smith v. . SuittSupreme Court of North Carolina · 1930
- Hall v. . HallSupreme Court of North Carolina · 1941
- Harris v. GilchristCourt of Appeals of North Carolina · 2016