Powell v. . Morisey

This was a special proceeding begun in the probate court of Sampson* county for a sale of lands for the purposes of partition, and which was tranferred to the superior court of that county, for the trial of certain issues raised by the pleadings. It comes to this court upon an appeal of the plaintiffs from a judgment of that court overruling a demurrer which they had interposed to the answer of the defendants; but we have not thought it necessary to elaborate that point, as we are of the opinion that the .plaintiffs’ case must fail because of an entire failure of title in them to the lands…