Huntley v. . Cline
Supreme Court of North Carolina
Counter-Claim — Tenants in Common — Partition—Warranty. Civil ActioN tried before Mac Rae, Judge, and a jury, at Spring Term, 1885, of Catawba Superior Court.
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Counter-Claim — Tenants in Common — Partition—Warranty. Civil ActioN tried before Mac Rae, Judge, and a jury, at Spring Term, 1885, of Catawba Superior Court. The plaintiff, in his complaint, alleged that Dowd T. Link died in the county of Catawba, intestate, in the year 1870, seized at the time of his death of a considerable real estate — leaving surviving him his widow Polly Link, and the following children, to-wit: the plaintiff Sarah, who afterwards intermarried with John R. Cline, and Barbara Sigman, to whom the lands descended as tenants in common. That in October, 1873, they agreed…
1Opinion of the Court
Ashe, J.,
(after stating the facts). We are of the opinion that the defendants J. R. and T. B. Cline had the right to set up as a counter-claim against the demand of the plaintiff, the value of the rents of the one hundred acres of the share allotted to Sarah Cline from which they had been evicted by the location of the dower upon it.
Although the deeds interchangeably executed between the parties for their several shares in effecting the partition made by the commissioners, were found to be only quit claim deeds, yet in partitions between tenants in common, there is an implied warranty between…
2Cases cited2 opinions
- Morris v. HarrisCourt of Appeals of Maryland · 1850
- Prior v. Richards's administratorCourt of Appeals of Kentucky · 1816
3Cited by7 opinions
- Harrison v. . RaySupreme Court of North Carolina · 1891
- Cook v. . SinkSupreme Court of North Carolina · 1925
- Beale v. StroudCourt of Appeals of Kentucky · 1921
- Martin v. . BundySupreme Court of North Carolina · 1937
- Scott v. MoserCourt of Appeals of North Carolina · 1976
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