Legal Opinion · Dissent

Thompson v. Rospigliosi

Supreme Court of North Carolina

Decided February 12, 1913Published

Appeal from Justice, J., at July Special Term, 1912, of HENDERSON. Tbis proceeding was commenced on 22 April, 1912, before tbe Clerk of tbe Superior Court of Henderson County.

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Appeal from Justice, J., at July Special Term, 1912, of HENDERSON. Tbis proceeding was commenced on 22 April, 1912, before tbe Clerk of tbe Superior Court of Henderson County. It is alleged in tbe petition tbat tbe petitioners and tbe defendants are tbe owners in fee simple as tenants in common of a large body of lands, described in 77 grants issued by tbe State, and tbat witbin these boundaries there is a tract of 290 acres, described in paragraph 2 of tbe petition, and two tracts of 220 acres and 800 acres, respectively, described in paragraph 3 of tbe petition. It is further alleged in tbe…

1DissentClaRx, C. J.

This was a proceeding for partition of certain lands lying in Polk and Henderson counties, brought before tbe clerk of tbe latter county by David A. Thompson, trustee, Samuel J. Justice, administrator, and Wil-lett Bronson, against Julia Ethel Rospigliosi and Prince Gian' Batista Rospigliosi, her husband, and 250 or more other defendants, many of whom are alleged in tbe petition to be minors, and others are alleged to be unknown, and many are contingent remaindermen. None of tbe defendants were served with process except by publication, but guardians act litem have been appointed for tbe…

2Cases cited13 opinions

  1. Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
  2. Williams v. MorganSupreme Court of the United States · 1884
  3. Hinckley v. Gilman, Clinton, & Springfield RailroadSupreme Court of the United States · 1877
  4. State Ex. Rel. Attorney General v. Roanoke Navigation Co.Supreme Court of North Carolina · 1882
  5. Blue v. . BlueSupreme Court of North Carolina · 1878

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