Walker v. Miller.
Supreme Court of North Carolina
ActioN by 0. Y. Walker and others against W. J. Miller, beard by Judge B. B. Peebles, at the March Term, 1905, of the Superior Court of Obange County. This is an action for the recovery of crops, instituted ip. justice’s court, brought by appeal to the Superior Court, and heard by His Honor, Judge Peebles, who by consent, found the facts respecting the title to the land upon which the crops were grown. Eor some time prior to 1893, Jas. Webb, Jr., and Jos.
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ActioN by 0. Y. Walker and others against W. J. Miller, beard by Judge B. B. Peebles, at the March Term, 1905, of the Superior Court of Obange County. This is an action for the recovery of crops, instituted ip. justice’s court, brought by appeal to the Superior Court, and heard by His Honor, Judge Peebles, who by consent, found the facts respecting the title to the land upon which the crops were grown. Eor some time prior to 1893, Jas. Webb, Jr., and Jos. C. Webb, were engaged in mercantile business, as co-partners, under the firm name and style of Jas. Webb, Jr., & Bro. Jos. C. AVebb died in…
1Opinion of the Court
CONNOR, J.,
after stating the case: His Honor was of the opinion that there was no such person or partnership in existence as Jas. Webb, Jr., & Bro. at the time- of the sale of the land, and upon the elementary proposition that, to constitute a valid deed of conveyance, there must be a grantor, grantee and thing granted, the deed or paper writing having the form of a deed was inoperative. It is of course common learning that the death of a partner, in the absence of any stipulation in the articles of co-partnership to the com trary, works an immediate dissolution; that the title to the assets…
2Cases cited7 opinions
- Murray, Ferris & Co. v. BlackledgeSupreme Court of North Carolina · 1874
- Neal v. NelsonSupreme Court of North Carolina · 1895
- Wakefield v. BrownSupreme Court of Minnesota · 1888
- Lutz v. . ThompsonSupreme Court of North Carolina · 1882
- President of the North Carolina Institute v. NorwoodSupreme Court of North Carolina · 1852
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