Goode v. . Rogers
Supreme Court of North Carolina
Special Proceeding for partition, of land, beard upon appeal from tbe Cleric, before Bowman, J., at Eall Term, 1899, of NoethamptoN Superior Court. Tbe cause bad proceeded to final decree in 1879, allotting the shares and adjudging owelty against the most valuable share in favor of tbe less valuable. This was a notice to show cause why execution should not issue for tbe owelty adjudged — tbe answer set up tbe defense of payment, statute of limitation, and counterclaim.
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Special Proceeding for partition, of land, beard upon appeal from tbe Cleric, before Bowman, J., at Eall Term, 1899, of NoethamptoN Superior Court. Tbe cause bad proceeded to final decree in 1879, allotting the shares and adjudging owelty against the most valuable share in favor of tbe less valuable. This was a notice to show cause why execution should not issue for tbe owelty adjudged — tbe answer set up tbe defense of payment, statute of limitation, and counterclaim. His Honor adjudged these were issues of fact for tbe jury, and directed tbe cause to be placed on tbe civil issue docket for…
1Opinion of the CourtFaircloth, C. J.
Tbis was an action for partition, and a final decree was entered in 1876, charging certain lots with the payment of owelty in favor of a certain lot or lots. In 1899, the petitioners moved on notice for an execution to collect the amounts due them by said decree. The respondents answered and pleaded payment, and the statute of limitations, etc. On appeal to the Superior Oourt, his Honor was of opinion that the record and pleadings raised issues of fact to be tided by a jury, and so ordered. The petitioners contended that only questions of fact were raised, and that they should be decided by…
2Cases cited4 opinions
- McDonald v. . DicksonSupreme Court of North Carolina · 1881
- Hailey v. . GraySupreme Court of North Carolina · 1885
- Isler v. . MurphySupreme Court of North Carolina · 1874
- University of North Carolina v. State National BankSupreme Court of North Carolina · 1885
3Cited by4 opinions
- North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
- Johnson v. Pilot Life InsuranceSupreme Court of North Carolina · 1939
- Belk's Department Store, Inc. v. . Guilford CountySupreme Court of North Carolina · 1943
- Williams v. BaileySupreme Court of North Carolina · 1919