Legal Opinion

Clary v. . Hatton

Supreme Court of North Carolina

Decided March 9, 1910PublishedCited by 12 opinions

Appeal from Qoolee, J., at December Term, 1909, of MabtiN. Proceeding in partition. Tbe plaintiffs allege tbat tbey are tenants in common witb defendants of the town lot described; tbat S. R. Clary as sole beir of Sarah Clary is entitled to one-third undivided interest; tbat tbe other plaintiffs, W. A. Ellison, S. H. Ellison, J. R. Ellison, Susan Roberson and Belle.

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Appeal from Qoolee, J., at December Term, 1909, of MabtiN. Proceeding in partition. Tbe plaintiffs allege tbat tbey are tenants in common witb defendants of the town lot described; tbat S. R. Clary as sole beir of Sarah Clary is entitled to one-third undivided interest; tbat tbe other plaintiffs, W. A. Ellison, S. H. Ellison, J. R. Ellison, Susan Roberson and Belle. Goddard, are entitled to one-third as tbe heirs of Belle Ellison, and tbat defendants S. H. Hatton and Mary B. G-urganus are entitled to one-third as tbe heirs of John ITatton. Tbe defendants pleaded sole seizin. At conclusion of…

1Opinion of the CourtBeowN, J.

It is admitted, in tbe pleadings tbat tbe lot in controversy is situated in tbe town of "Williamston, tbat it is known as tbe Hatton place, and tbat Samuel Hatton, tbe common ancestor of plaintiffs and defendants, remained in possession until bis death.

It is admitted in tbe record tbat Samuel Hatton and bis wife, Susan, left three children, John H. Hatton, Sarah Clary and Belle Ellison. It is further admitted tbat S. R. Clary, one of tbe plaintiffs, was tbe only son and heir at law of Sarah Hatton, who afterwards intermarried with R. W. Clary, and tbat tbe said Sarah Hatton was tbe daughter…

2Cases cited3 opinions

  1. Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
  2. Yates v. . YatesSupreme Court of North Carolina · 1877
  3. Kirby v. MastenSupreme Court of North Carolina · 1874

3Cited by12 opinions

  1. Templeton v. . BeardSupreme Court of North Carolina · 1912
  2. Collier v. WelkerCourt of Appeals of North Carolina · 1973
  3. Honaker Lumber Co. v. KiserSupreme Court of Virginia · 1922
  4. Adderholt v. . LowmanSupreme Court of North Carolina · 1920
  5. Town of Winton v. ScottCourt of Appeals of North Carolina · 1986

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