Bowen v. Hackney.
Supreme Court of North Carolina
AotioN by W. H. Bowen against George Hackney and others, beard by Judge 'W. B. Council, at May Term, 1904, of the Superior Court of WilsoN County. This is a special proceeding for the partition of land, which was brought before the Clerk and by him transferred under the statute to the Superior Court for the trial of issues joined between the parties, a jury trial having been waived.
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AotioN by W. H. Bowen against George Hackney and others, beard by Judge 'W. B. Council, at May Term, 1904, of the Superior Court of WilsoN County. This is a special proceeding for the partition of land, which was brought before the Clerk and by him transferred under the statute to the Superior Court for the trial of issues joined between the parties, a jury trial having been waived. The Court held that the plaintiff is not a tenant in common with the defendants and a judgment was entered accordingly, to which the plaintiff excepted and appealed.
1Opinion of the CourtWalker, J.
It appears from the case that Willis N. Hackney, who died in 1887, left a will, in which he devised a lot containing about one-half acre in the town of Wilson and certain personal property to his wife for life. He then devised and bequeathed to his children land and personal property. These devises and bequests were made in the first six items of the will, and the seventh item is as follows: “I now declare that, with the advancements already made and specially given in this will, in my judgment, equality is made to all my children, so that at the expiration of the life estate of my wife, that…
2Cases cited13 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Irvin v. . ClarkSupreme Court of North Carolina · 1887
- Watson v. . SmithSupreme Court of North Carolina · 1892
- Williams v. . HassellSupreme Court of North Carolina · 1876
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3Cited by48 opinions
- Jones v. . WhichardSupreme Court of North Carolina · 1913
- Witty v. WittySupreme Court of North Carolina · 1922
- Bullock v. WiltbergerSupreme Court of Kansas · 1914
- Carter v. KemptonSupreme Court of North Carolina · 1950
- Latham v. Lumber Co.Supreme Court of North Carolina · 1905
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