Propst v. . Caldwell
Supreme Court of North Carolina
Civil actioN tried, before Carter, J., at April Term, 1916, of Meck-LBNBURG. Tbis is a proceeding to sell land for partition. The land described in the petition and other lands formerly belonged to J. D. Caldwell, who died intestate prior to 1881, leaving several children as his heirs at law, and among them E. 0. Caldwell and John M. Caldwell.
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Civil actioN tried, before Carter, J., at April Term, 1916, of Meck-LBNBURG. Tbis is a proceeding to sell land for partition. The land described in the petition and other lands formerly belonged to J. D. Caldwell, who died intestate prior to 1881, leaving several children as his heirs at law, and among them E. 0. Caldwell and John M. Caldwell. In 1881 E. 0. Caldwell died leaving a will, the material parts of which are as follows: “Item 1st. It is my will that all my just debts and funeral expenses be paid by my executor as soon after my decease as practicable. “Item 2d. I will to each of my…
1Opinion of the CourtAlleN, J.
The effect upon the title of a decree in partition proceedings was considered in the concurring opinion in Weston v. Lumber Co., 162 N. C., 180, which was afterwards adopted as the opinion of the Court, Weston v. Lumber Co., 169 N. C., 403, and the following conclusions were reached:
“1. That at common law, as the only unity between tenants in common was one of possession, the judgment in partition had no effect except to sever the possession, and did not operate upon-the title.
“2. That at common law and now, partition may be had of estates less than a fee simple.
“3. That statutes have been…
2Cases cited7 opinions
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- Ferebee v. . SawyerSupreme Court of North Carolina · 1914
- Weeks v. McPhail.Supreme Court of North Carolina · 1901
- Weston v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Price v. . EdwardsSupreme Court of North Carolina · 1919
- Cameron v. . McDonaldSupreme Court of North Carolina · 1940
- Holloway v. City of DurhamSupreme Court of North Carolina · 1918
- Bank v. . LeveretteSupreme Court of North Carolina · 1924
- Clinard v. Town of KernersvilleSupreme Court of North Carolina · 1940
5 more not listed; retrieve them via the Exa API.