Wright v. . McCormick
Supreme Court of North Carolina
Civil AotioN to recover Possession of Land, tried at-Spring Term, 1877, of CumberlaNd Superior Court, before McKoy, J. The plaintiffs read in evidence a petition, order of partition, appointment of commissioners, and an order confirming their report in the case of the'present plaintiffs against Bun-can McCormick, the devisor of the present defendants, and under whom the defendants claim the land in dispute.
Read the full summary
Civil AotioN to recover Possession of Land, tried at-Spring Term, 1877, of CumberlaNd Superior Court, before McKoy, J. The plaintiffs read in evidence a petition, order of partition, appointment of commissioners, and an order confirming their report in the case of the'present plaintiffs against Bun-can McCormick, the devisor of the present defendants, and under whom the defendants claim the land in dispute. See .69 N. C. 14. The description of the land in the complaint-was the same as in said petition, decree and report of commissioners. Tbe defendants adtíiitted that they were in possession…
1Opinion of the CourtReade, J.
The feme plaintiff and the devisor of the defendants were tenants in common of a tract of land; and under proper proceedings bad in Court, partition of the land was made between them, allotting to each a share in severalty. An appeal was taken to this Court upon the objection by the defendants that the commissioners bad divided the wrong tract of land, but the description in the complaint- and in the report were identical, and the objection was held to be “ captious and frivolous.” Wright v. McCormick, 69 N. C. 14.
The devisor of the defendants • died before the final confirmation of the…
2Cases cited1 opinion
- Wright and Wife v. . McCormickSupreme Court of North Carolina · 1873