Jolly v. . Bryan
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1882, of Mooke Superior Court, before Shipp, J. In 1873 some of the parties, who constitute the plaintiffs in the present action, instituted proceedings against the present defendant, alleging that they were tenants in common with him in certain lands, and asking for a sale thereof, for the purposes of partition.
Read the full summary
Civil ActioN tried at Spring Term, 1882, of Mooke Superior Court, before Shipp, J. In 1873 some of the parties, who constitute the plaintiffs in the present action, instituted proceedings against the present defendant, alleging that they were tenants in common with him in certain lands, and asking for a sale thereof, for the purposes of partition. The action pended upon the issues joined, until spring term, 1878, of the superior court, when a decree was rendered declaring that the plaintiffs were entitled as alleged by them, and directing the lands to be sold for partition, and accordingly…
1Opinion of the CourtRuffin, J.
All the points involved in the two appeals seem to us to have been settled, if not directly, by necessary implication, by adjudications already made in this court. In Wagstaff v. Smith, 4 Ired. Eq., 1, it was held that a tenant in common, in possession and sole enjoyment of the common property was protected by the statute of limitations from accounting with his co-tenants, for rents and profits received more than three years prior to the bringing of the action; and that interest should be allowed against him, only from the time of actual demand made, or suit instituted. The decision…
2Cases cited1 opinion
- Barlow and Barlow. Ex'rs v. . Norfleet, Adm'r.Supreme Court of North Carolina · 1875
3Cited by17 opinions
- Lawrence v. HeavnerSupreme Court of North Carolina · 1950
- Orr v. BennettSupreme Court of Minnesota · 1917
- Robinson v. RobinsonMassachusetts Supreme Judicial Court · 1899
- Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1903
- Wiegardt v. BeckenWashington Supreme Court · 1941
12 more not listed; retrieve them via the Exa API.