Duncan Cromartie v. . A. S. Kemp
Supreme Court of North Carolina
Civil action for partition of land, heard before Russell, Judge, at Fall Term, 1871, of Bladen Suprior Court. The plaintiffs allege in their complaint that William J. McKay died intestate in the county of Bladen, leaving as his only heirs the plaintiffs and defendants who are related to him in the following order, to wit: Mary Ann wife of the plaintiff Duncan Oromartie, is a neice of the said Wm. J. McKay and only child of his deceased brother John L. McKay.
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Civil action for partition of land, heard before Russell, Judge, at Fall Term, 1871, of Bladen Suprior Court. The plaintiffs allege in their complaint that William J. McKay died intestate in the county of Bladen, leaving as his only heirs the plaintiffs and defendants who are related to him in the following order, to wit: Mary Ann wife of the plaintiff Duncan Oromartie, is a neice of the said Wm. J. McKay and only child of his deceased brother John L. McKay. That the other plaintiffs, seven in number, are the grandchildren of Archibald McKay, another deceased brother of the said William. And…
1Opinion of the CourtRodmaN, J.
The judgment of the Court below is supported by the decision of this Court in Clement v. Cauble, 2 Jones Eq. 82, where the precise question here made, was discussed with great learning and ability, both by Judges Battle and Nash who concurred in opinion, and by Judge Pearson who dissented. We are now invited by the counsel for the appellants to review the principles of that decision and to overrule them. We by no means wish it to be understood that if the question were an open one, we should not concur with the Court in that case.
But we think that the law as it was then declared, is not now…
2Cited by4 opinions
- Crump v. . FaucettSupreme Court of North Carolina · 1874
- Ellis v. Harrison.Supreme Court of North Carolina · 1906
- Draper v. . BradleySupreme Court of North Carolina · 1900
- Haynes v. . JohnsonSupreme Court of North Carolina · 1859