Hines v. . Mercer
Supreme Court of North Carolina
Special PeooeediNg for sale of land for partition, transferred to civil issue docket and tried before Dolce, J., at April Term, 1899, of Edgecokbe Superior Court.
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Special PeooeediNg for sale of land for partition, transferred to civil issue docket and tried before Dolce, J., at April Term, 1899, of Edgecokbe Superior Court. Tbe facts agreed were substantially as follows: Jesse Mercer, tbe testator, under whose will both parties claim the after-acquired land in controversy, was, in 1888, (at the date of his will), and in 1892 (at the time of his death), the owner and possessor of certain real estate in Edgecombe County, known as his home tract, on which he resided, and also of a tract of land in said county at or near Temperance ITall in said county.…
1Opinion of the CourtEaiboloth, C. J.
This is an application to sell land for partition and the controversy involves the title of the land sought to be sold.
In 1888, the date of his will, Jesse Mercer was seized in fee of one tract of land known as his “home’tract,” also a tract “at or near Temperance Hall” in the same county. The latter tract contained 70 acres. In 1891 he became seized of another tract containing 91 acres, and died in 1892 leaving a last will and testament dated December 12, 1888. . Item 1 of said will devised to W. P. Mercer as follows: “All of my home tract of land on which I reside (containing 550 acres) and…
2Cases cited2 opinions
- Robbins v. . WindlySupreme Court of North Carolina · 1857
- Champion Ex ParteSupreme Court of North Carolina · 1853
3Cited by9 opinions
- Wachovia Bank & Trust Co. v. GreenSupreme Court of North Carolina · 1954
- Sussex Trust Co. v. PoliteCourt of Chancery of Delaware · 1919
- McCullen v. . DaughtrySupreme Court of North Carolina · 1925
- Thomas v. ThomasSupreme Court of North Carolina · 1963
- Brown v. Hamilton.Supreme Court of North Carolina · 1904
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