Huneycutt v. . Brooks
Supreme Court of North Carolina
This was a special PROCEEDING for partition of land, commenced before the Clerk of the Superior Court of Stanly County, and issues of law and fact being raised upon the pleadings, the same, with all the proceedings therein, were transferred by the Clerk to the civil issue docket for trial at a regular Term of the Superior Court of said county. At Spring Term, 1894, of StaNly County Superior Court, said case was tried before Boykin, Judge, and a jury.
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This was a special PROCEEDING for partition of land, commenced before the Clerk of the Superior Court of Stanly County, and issues of law and fact being raised upon the pleadings, the same, with all the proceedings therein, were transferred by the Clerk to the civil issue docket for trial at a regular Term of the Superior Court of said county. At Spring Term, 1894, of StaNly County Superior Court, said case was tried before Boykin, Judge, and a jury. The plaintiffs filed a petition alleging that they and the defendants were seized in fee'simple as tenants in common of 300 acres of land…
1Opinion of the Court
Furohes, <7.:
This is a proceeding commenced in the Superior Court of Stanly County before the clerk for partition of the lands mentioned in the complaint. Plaintiffs allege that they are tenants in common with defendants in said lands. The defendants answer and deny that plaintiffs are the owners of the lands mentioned in their complaint, and plead “ non tenent insimul ” (sole seizin in themselves)," which is the “ general issue ” in a proceeding for partition. Purvis v. Wilson, 5 Jones, 22. This makes the issue where the plaintiff claims to be the owner of land and the defendant denies that…
2Cases cited3 opinions
- Ward v. . Farmer SoutherlandSupreme Court of North Carolina · 1885
- Cooper v. . WarlickSupreme Court of North Carolina · 1891
- Vaughan v. . VincentSupreme Court of North Carolina · 1883
3Cited by24 opinions
- Eason v. SpenceSupreme Court of North Carolina · 1950
- Moore v. . MillerSupreme Court of North Carolina · 1920
- Alexander v. . GibbonSupreme Court of North Carolina · 1896
- Gibbs v. . HigginsSupreme Court of North Carolina · 1939
- McKeel v. . HollomanSupreme Court of North Carolina · 1913
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