Capps v. . Capps
Supreme Court of North Carolina
Special. Proceeding, for sale of land for partition commenced in the probate court,and heard at Fall Term, 1881, ©f HENDERSON Superior Court, before McKoy, J.. The demurrer of the defendants to the amended complaint of plaintiffs was sustained by the court upon the-ground that the probate coart had no jurisdiction of the.subject matter it contained, as set out in the opinion of this court, from which ruling the plaintiffs appealed.
1Opinion of the CourtSmith, C. J.
An action for partition of real estate held by tenants in common, whether by a separation into parts or by a sale and conversion into money and the apportionment of their several shares among them, is denominated a special proceeding and properly originates before the clerk of the superior court, acting in his capacity of probate judge. Acts 1868-T9, ch. 93 ’and 122. ' If a controversy arises out of the pleadings which raises a question of law,, a copy of the record must be certified and sent to the judge of the court for hearing and decision, and if a question of fact, a copy of the…
2Cases cited4 opinions
- Cheatham v. . CrewsSupreme Court of North Carolina · 1879
- McBryde v. . PattersonSupreme Court of North Carolina · 1875
- Hoff v. . CraftonSupreme Court of North Carolina · 1878
- Jones v. . HemphillSupreme Court of North Carolina · 1877
3Cited by20 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Ewbank v. Turner.Supreme Court of North Carolina · 1903
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
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