Barbee v. . Barbee
Supreme Court of North Carolina
This was a special proceeding for the partition of real estate between the heirs at law of one Gray Barbee, tried, upon appeal from the Clerk, before MacRae, J., at October Term, 1890, of DuuhaM Superior Court. The questions presented for review ■ related to certain alleged advancements made by the said Barbee to several heirs mentioned in the petition. The facts are set out in the opinion.
1Opinion of the Court
Shepherd, J.:
Although the record is very voluminous, containing the report of the referee, a very considerable amount of testimony and many exceptions, it seemed to be the understanding of counsel that, for the purposes of this appeal, but two questions were necessary to be argued by them, and decided by the Court.
1. The first question involves the correctness of his Honor’s ruling that the recitals of the payment of the considerations set forth in the deeds executed by the said Barbee to several of his children were, in the absence of allegations and proof of mistake, fraud, etc., so far…
2Cases cited3 opinions
- Harper v. . HarperSupreme Court of North Carolina · 1885
- Shaw v. . WilliamsSupreme Court of North Carolina · 1888
- Melvin v. . BullardSupreme Court of North Carolina · 1880
3Cited by30 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Gaylord v. . GaylordSupreme Court of North Carolina · 1909
- Peek v. ShookSupreme Court of North Carolina · 1951
- Walters v. . WaltersSupreme Court of North Carolina · 1916
- Marcom v. . AdamsSupreme Court of North Carolina · 1898
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