Overman v. . Tate
Supreme Court of North Carolina
This was a rule upon S. Wittkowsky, purchaser of the land described in the petition for partition, to compel him to comply with the terms of the sale, heard first before the Clerk of Mecklenburg Superior Court and then by appeal before Boykin, J., holding the Courts of the Eleventh District, at Chambers.
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This was a rule upon S. Wittkowsky, purchaser of the land described in the petition for partition, to compel him to comply with the terms of the sale, heard first before the Clerk of Mecklenburg Superior Court and then by appeal before Boykin, J., holding the Courts of the Eleventh District, at Chambers. The respondent, S. Wittkowsky, filed an answer to the rule, alleging that the title to the land was defective and setting forth the facts upon which he based his claim or allegation. The plaintiff demurred to this answer and the Clerk sustained the demurrer, and independently of it held the…
1Opinion of the Court
SiiicpheRD, C. J.:
The petitioner, W. W. Overman, is the absolute owner in fee of a two-fifths interest in the land described in the petition, and in 1869 Charles Overman was the absolute owner of the remaining three-fifths interest therein. The interest of Charles Overman was sold under execution and purchased Thomas R. Tate, who caused the Sheriff to execute to him a deed containing the following limitation: “To have and to hold to him the said T. R. Tate, his heirs, executors, administrators and assigns, for the following purposes, to-wit, to the sole and separate use of Mary Cornelia Tate,…
2Cases cited3 opinions
- Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Aydlett v. . PendletonSupreme Court of North Carolina · 1892
- Overman v. . SimsSupreme Court of North Carolina · 1887
3Cited by10 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Reynolds Ex Rel. Cannon v. ReynoldsSupreme Court of North Carolina · 1935
- Commercial National Bank of Charlotte v. AlexanderSupreme Court of North Carolina · 1924
- Ryder v. . OatesSupreme Court of North Carolina · 1917
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