Jelser v. . White
Supreme Court of North Carolina
Appeal by defendants from Lyon, J., at the December Term, 1921, of Gartebet. Proceeding for partition. The jury found that the plaintiffs and the defendants are tenants in common.
1Opinion of the CourtAdams, J.
The petitioners allege that they are the owners of a one-half undivided interest in the land in controversy as tenants in common with the defendants. The defendants deny this allegation, and plead sole seizin. At the trial the plaintiffs offered in evidence the will of Samuel Smith, in which the land described in the petition is devised to Thomas Huff and Henry Huff. It is admitted that the defendants have acquired the interest of Thomas, and the controversy turned primarily on the question whether the plaintiffs are the heirs of Henry. In addition to other evidence tending to show their…
2Cases cited2 opinions
- Rollins v. . WickerSupreme Court of North Carolina · 1911
- Fleming v. . SextonSupreme Court of North Carolina · 1916
3Cited by4 opinions
- Keller v. . Furniture Co.Supreme Court of North Carolina · 1930
- Keller v. Caldwell Furniture Co.Supreme Court of North Carolina · 1930
- In Re Will of HargroveSupreme Court of North Carolina · 1933
- Burgin v. . DoughertySupreme Court of North Carolina · 1929