Ward v. . Farmer Southerland
Supreme Court of North Carolina
This was special proceeding for partition of land commenced before the clerk of Wayne Superior Court, and the defendants having pleaded they were sole seized of the lands in question, and issue having been joined thereon, said issue was transferred for trial by jury in-term to the Superior Court of said county; and the said issuer having come on for trial at January Term, 1885, of said court, before His Honor, Judge Gudger: It was admitted that one Josiah Ward was, in his…
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This was special proceeding for partition of land commenced before the clerk of Wayne Superior Court, and the defendants having pleaded they were sole seized of the lands in question, and issue having been joined thereon, said issue was transferred for trial by jury in-term to the Superior Court of said county; and the said issuer having come on for trial at January Term, 1885, of said court, before His Honor, Judge Gudger: It was admitted that one Josiah Ward was, in his lifetime, seized in fee of said land, and that the plaintiffs and one W. W. Ward were the only heirs-at-laAv of the said…
1Opinion of the Court
Ashe, J.,
after stating the facts: The only issue presented for •our determination by the record in this case is — were the plaintiffs barred by the statute of limitations.
The counsel for defendants contended that by the sheriff’s sale ■of the interest of W. W. Ward in the. land in controversy he acquired an absolute right in said interest freed from the obligations of facts arising out of the co-tenancy which existed before the sale, between the said Ward and the plaintiffs, and when he ■conveyed in fee to each of the defendants, a part of said land, •constituting the whole thereof, by deeds…
2Cases cited4 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Covington v. . StewartSupreme Court of North Carolina · 1877
- Day v. . Howard and BakerSupreme Court of North Carolina · 1875
- Seaton v. SonCalifornia Supreme Court · 1867
3Cited by17 opinions
- Hicks v. . BullockSupreme Court of North Carolina · 1887
- Huneycutt v. . BrooksSupreme Court of North Carolina · 1895
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
- Bullin v. Hancock.Supreme Court of North Carolina · 1905
- Hampton v. . WheelerSupreme Court of North Carolina · 1888
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