Legal Opinion

Pope v. . Matthis

Supreme Court of North Carolina

Decided June 5, 1880PublishedCited by 4 opinions

Special Pboceeding for Partition of -Land heard on appeal at January Special Term, 1880, of Sampson Superior Court, before Gilmer, J. The plaintiff alleged that he and defendant are tenants in common of the land, and the defendant sets up sole seizin and title in himself. Upon the facts stated in the opinion of this court, the judge below gáve judgment for the plaintiff, and ordered a procedendo to issue to the probate .court, and the defendant appealed.

1Opinion of the Court

(SMITH, C. J., dissenting.) The plaintiff alleged that he and defendant are tenants in common of the land, and the defendant sets up sole seizin [seisin] and title in himself. Upon the facts stated in the opinion of this court, the judge below gave judgment for the plaintiff, and ordered a procedendo to issue to the probate court, and the defendant appealed. From the special verdict in this case we collect the following facts material to our decision: One Waters being seized of the land conveyed it in 1822 to Stephen Pope. Stephen Pope conveyed in 1833 to Sampson Bennett. Sampson Bennett…

2Cases cited2 opinions

  1. Covington v. . StewartSupreme Court of North Carolina · 1877
  2. Day v. . Howard and BakerSupreme Court of North Carolina · 1875

3Cited by4 opinions

  1. International Land Co. v. SmithSupreme Court of Oklahoma · 1924
  2. Hurie v. QuiggSupreme Court of Oklahoma · 1926
  3. Ruffin v. . OverbySupreme Court of North Carolina · 1883
  4. Gaylord v. . RespassSupreme Court of North Carolina · 1885

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