Skipper v. Yow

RodmáN, J.

This is a partition proceeding instituted 21 April 1958. A prior proceeding for the sarnie purpose involving the same land resulted in an involuntary nonsuit which was affirmed on appeal. Skipper v. Yow, 238 N.C. 659, 78 S.E. 2d 600; 240 N.C. 102, 81 S.E. 2d 200.

The petition alleges that petitioners and defendants are the owners of a tract of land there described which, it is alleged, was surveyed by A. Cheney in July 1926. Following the description O'f the property alleged to be owned by petitioners and defendants is this allegation: “That the ownership of the defendants in said…