Collett v. . Henderson
Supreme Court of North Carolina
Proceeding for division of land between tenants.in common, heard on appeal at Pall Term, 1878, of Burke Superior Court, before Gudger, J. Commissioners were appointed by the court and ordered! to divide the land described in the pleadings into three equal parts, assessing the more valuable dividends with such sums as may be necessary to be paid to the dividends-of inferior value to make the division equal; and they were directed to assign to the tenants such shares in the…
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Proceeding for division of land between tenants.in common, heard on appeal at Pall Term, 1878, of Burke Superior Court, before Gudger, J. Commissioners were appointed by the court and ordered! to divide the land described in the pleadings into three equal parts, assessing the more valuable dividends with such sums as may be necessary to be paid to the dividends-of inferior value to make the division equal; and they were directed to assign to the tenants such shares in the land as would include the part improved by them respectively, valuing the share at what it would have been worth without…
1Opinion of the CourtSmith, C. J.
The judgment for partition among the several tenants of land held by them in common directs the-commissioners, when any of them have caused valuable improvements to be put on portions of the land, to assess their value as if no such improvements had been made .and to allot the parts improved to those who had made them. In this we find no error. It would be unjust and inequitable in the others to take the common property enhanced in- value by the expenditures of one of them without making him compensation, and he would be entitled to an account. The same result is reached without the expense…
2Cited by10 opinions
- Cox v. . WardSupreme Court of North Carolina · 1890
- Jenkins v. . StricklandSupreme Court of North Carolina · 1938
- Bennett v. BennettMississippi Supreme Court · 1904
- Simmons v. . FoscueSupreme Court of North Carolina · 1879
- Daniel v. Tallassee Power Co.Supreme Court of North Carolina · 1933
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