Legal Opinion · Dissent

Barnhardt v. . Morrison

Supreme Court of North Carolina

Decided December 3, 1919PublishedCited by 14 opinions

Appeal by defendant from Harding, J., at April Term, 1919, of Cababrtts. This is a proceeding for tbe partition of lands, in which, the plaintiff ■ contends that he is the owner of a one-third interest as the devisee of his wife, Margaret Bamhardt, and that the defendant is the owner of a two-thirds interest as a purchaser from the two sisters of Margaret, Minnie, and Lula. Margaret Ellis, Sr., was originally the owner of the land.

Read the full summary

Appeal by defendant from Harding, J., at April Term, 1919, of Cababrtts. This is a proceeding for tbe partition of lands, in which, the plaintiff ■ contends that he is the owner of a one-third interest as the devisee of his wife, Margaret Bamhardt, and that the defendant is the owner of a two-thirds interest as a purchaser from the two sisters of Margaret, Minnie, and Lula. Margaret Ellis, Sr., was originally the owner of the land. She died intestate, leaving her surviving her husband, D. R. Ellis, who had a life estate in the land as tenant by the curtesy, and three daughters, as her only…

1DissentClark, C.J.

This is a proceeding for the partition of lands, in which the plaintiff contends that he is the owner of a one-third interest as the devisee of his wife, Margaret Barnhardt, and that the defendant is the owner of a two-thirds interest as a purchaser from the two sisters of Margaret, Minnie, and Lula.

Margaret Ellis, Sr., was originally the owner of the land. She died intestate, leaving her surviving her husband, D. R. Ellis, who had a life estate in the land as tenant by the curtesy, and three daughters, as her only heirs, Margaret, who married the plaintiff, Minnie, unmarried, and Lula, who…

2Cases cited14 opinions

  1. Wilson v. IsemingerSupreme Court of the United States · 1902
  2. United States Fidelity & Guaranty Co. v. United States Ex Rel. Struthers Wells Co.Supreme Court of the United States · 1908
  3. Gilbert v. . AckermanNew York Court of Appeals · 1899
  4. Boddie v. BondSupreme Court of North Carolina · 1911
  5. Viele v. . JudsonNew York Court of Appeals · 1880

9 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Eason v. SpenceSupreme Court of North Carolina · 1950
  2. Flippin v. JarrellSupreme Court of North Carolina · 1980
  3. Smith v. City of CharlotteCourt of Appeals of North Carolina · 1986
  4. Neal v. Craig Brown, Inc.Court of Appeals of North Carolina · 1987
  5. Vanderbilt v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1924

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API