Roscoe v. John L. Roper Lumber Co.
Supreme Court of North Carolina
Civil ActioN, for recovery of an undivided half interest in land, and for partition by sale, tried before Norwood> J at G-ates Superior Court, Spring Term, 1898. The plaintiff claimed a half interest in the land under the will of her husband, H. E. Roscoe, executed January 13, 1882, at bis borne in Mississippi, wbicb devised to ber all bis property. In 1853 J. E. Eiddick conveyed tbe land to said H. E. Eoscoe and S. W. Worrell.
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Civil ActioN, for recovery of an undivided half interest in land, and for partition by sale, tried before Norwood> J at G-ates Superior Court, Spring Term, 1898. The plaintiff claimed a half interest in the land under the will of her husband, H. E. Roscoe, executed January 13, 1882, at bis borne in Mississippi, wbicb devised to ber all bis property. In 1853 J. E. Eiddick conveyed tbe land to said H. E. Eoscoe and S. W. Worrell. In 1865 Worrell alone conveyed said land by deed, purporting to pass tbe entire interest to other parties, under wbom, tbrougb mesne conveyances, in 1891, 1893 and…
1Opinion of the Court
MONTGOMERY,, J.
In her complaint, tbe plaintiff alleges that she is tbe owner in common with tbe defendant in tbe lands described in tbe complaint, ber alleged interest being one-balf of tbe whole, and tbis action was commenced to have herself adjudged tbe owner of ber one-balf interest in common, and that tbe lands may be sold for a division by a commissioner appointed by tbe Court.
In their answer tbe defendants denied tbe claim of tbe plaintiff and also pleaded tbe statute of limitations of twenty years’ adverse possession under known and visible lines and boundaries, and the seven years…
2Cases cited8 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Page v. . BranchSupreme Court of North Carolina · 1887
- Whitley v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Ward v. . Farmer SoutherlandSupreme Court of North Carolina · 1885
- Ferguson v. . WrightSupreme Court of North Carolina · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Abernathy v. McCoyIndiana Court of Appeals · 1926
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
- Bullin v. Hancock.Supreme Court of North Carolina · 1905
- John L. Roper Lumber Co. v. Richmond Cedar Works & Dismal Swamp Canal Co.Supreme Court of North Carolina · 1915
- Mfg. Co. v. . R. R.Supreme Court of North Carolina · 1898
8 more not listed; retrieve them via the Exa API.