Ex Parte Walker
Supreme Court of North Carolina
This was a Motion in the cause, heard at Fall Term, 1890, of RobesoN Superior Court, by Graves, J. It appears that in 1867, at the May Term of the late Court of Pleas and Quarter Sessions in and for the county of Robeson, an ex parte petition was filed in that Court by John Walker and others, to obtain partition of the land in the petition specified among the petitioners according to their respective rights.
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This was a Motion in the cause, heard at Fall Term, 1890, of RobesoN Superior Court, by Graves, J. It appears that in 1867, at the May Term of the late Court of Pleas and Quarter Sessions in and for the county of Robeson, an ex parte petition was filed in that Court by John Walker and others, to obtain partition of the land in the petition specified among the petitioners according to their respective rights. Partition qf the land was made, and such proceedings were had in the matter as that a final judgment was rendered confirming the report of the commissioners appointed to make partition of…
1Opinion of the CourtMeRRJMON, C. J.
after stating the facts: It is not questioned that such title to the land designated as lot No. 3 as John Walker, the bankrupt, had, passed to the assignee in bankruptcy. But how such title in the latter passed from him to Walker, does not appear. It may be that he purchased the same from the purchaser at the sale thereof by the assignee. It, however, appears from the allegations of the appellee that Walker owned the land, in some sense, at the time of his death; that'it descended to the appellants, his heirs at law, and'they are now in possession thereof and resist the appellee’s motion.
The…
2Cases cited2 opinions
- Ruffin v. . CoxSupreme Court of North Carolina · 1874
- Dobbin v. RexSupreme Court of North Carolina · 1890
3Cited by4 opinions
- Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
- In Re AusbornSupreme Court of North Carolina · 1898
- Ex parte SmithSupreme Court of North Carolina · 1904
- Smith Ex ParteSupreme Court of North Carolina · 1904