Legal Opinion

Kiger v. . Terry

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 6 opinions

Special PROCEEDING, for the partition of real estate among the heirs-at-law of Charity Shackleford, pending in Stoiíbs Superior Court, and heard on report of referees before Norwood, J., by consent, at Chambers, in Winston, Eorsyth County. From a judgment of his Honor overruling the exceptions to the report of the referees the plaintiffs appealed. The facts sufficiently appear in the opinion of Chief Justice Fairoloth.

1Opinion of the Court

Fairoloth, C. J. :

This is a special proceeding for partition, and the only matter in dispute below and now before this Court is 'whether certain deeds, made for several small tracts of land by Charity Shackleford to some of her children, are advancements to be accounted for in a partition of the estate with the other children. A reference was had to state an account in regard to the question of advancement, and to ascertain how much, if anything, had been advanced to each child. The referees report much confused and conflicting evidence and their findings of fact and law.

They find that in the…

2Cases cited4 opinions

  1. Harper v. . HarperSupreme Court of North Carolina · 1885
  2. Bradsher v. . CannadySupreme Court of North Carolina · 1877
  3. Melvin v. . BullardSupreme Court of North Carolina · 1880
  4. James v. . JamesSupreme Court of North Carolina · 1877

3Cited by6 opinions

  1. Ex Parte BarefootSupreme Court of North Carolina · 1931
  2. Thompson v. . SmithSupreme Court of North Carolina · 1912
  3. Nobles v. . DavenportSupreme Court of North Carolina · 1922
  4. Stauffer v. MartinIndiana Court of Appeals · 1909
  5. Harrelson v. . GoodenSupreme Court of North Carolina · 1948

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