Lyman v. Southern Coal Co.
Supreme Court of North Carolina
Appeal by petitioners from McElroy, J., 21 December, 1921, from BuNCOMBE. , This is a petition in the above entitled cause, it being a proceeding before the clerk of the Superior Court for partition*, in the following terms : The petition alleges that William W. Lyman, the father of the petitioner, W. W. -Lyman, Jr., owned the land mentioned in the petition since the death of his father, on 13 December, 1893. From that date till W. W. Lyman’s death, on 7 February, 1921, he…
Read the full summary
Appeal by petitioners from McElroy, J., 21 December, 1921, from BuNCOMBE. , This is a petition in the above entitled cause, it being a proceeding before the clerk of the Superior Court for partition*, in the following terms : The petition alleges that William W. Lyman, the father of the petitioner, W. W. -Lyman, Jr., owned the land mentioned in the petition since the death of his father, on 13 December, 1893. From that date till W. W. Lyman’s death, on 7 February, 1921, he having always been a resident of California, his brother, the petitioner, A. J. Lyman, had looked after his interests in…
1Opinion of the Court
Walker, J.,
after stating tbe case: There was error in dismissing tbe proceeding, upon the special appearance. Tbe court should have ordered tbe money to be paid into court, or to tbe commissioner appointed to make tbe sale,' unless tbe petition was answered and tbe allegations thereof denied, which tbe respondents may now be allowed by tbe court to do. When tbe facts are ascertained in some way, according to tbe course and practice of tbe court, tbe latter may then proceed to declare tbe rights of tbe parties and enter judgment accordingly. If the bid for tbe land at tbe sale was $23,500, tbe…
2Cases cited7 opinions
- Massie v. . HaineySupreme Court of North Carolina · 1914
- Hudson v. . CobleSupreme Court of North Carolina · 1887
- Roberts v. PrattSupreme Court of North Carolina · 1910
- Council v. . RiversSupreme Court of North Carolina · 1871
- Rogers v. . HoltSupreme Court of North Carolina · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. . GantSupreme Court of North Carolina · 1931
- State v. GantSupreme Court of North Carolina · 1931