Jernigan v. . Jernigan
Supreme Court of North Carolina
Appeal by petitioners from Carr, J., at November Term, 1945, of JOHNSTON. Petition to sell land for partition. It is alleged that the feme petitioners and respondents, as the only children and .heirs at law of Susan Jernigan, deceased, are tenants in common by inheritance of a tract of land in Johnston County, containing 88y% acres, which their mother left undevised at the time of her death, 27 October, 1943. The respondents denied the cotenancy and pleaded sole seizin, R.…
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Appeal by petitioners from Carr, J., at November Term, 1945, of JOHNSTON. Petition to sell land for partition. It is alleged that the feme petitioners and respondents, as the only children and .heirs at law of Susan Jernigan, deceased, are tenants in common by inheritance of a tract of land in Johnston County, containing 88y% acres, which their mother left undevised at the time of her death, 27 October, 1943. The respondents denied the cotenancy and pleaded sole seizin, R. A. Jernigan to part of the land under deed from his father and mother, and Minnie (Jernigan) Raynor to the remainder,…
1Opinion of the Court
Stacy, O. J.
The first question arises upon the challenge to the sufficiency of the record to support the judgment.
The petition to sell the land for partition among the alleged tenants in common was duly filed with the Clerk of the Superior Court of Johnston County on 20 April, 1945. The feme respondent denied the cotenancy and pleaded sole seizin to a part of the land under a deed from the common ancestor, dated 26 May, 1941. The petitioners replied and attacked the validity of respondent’s deed. The matter was transferred to the civil issue docket for trial during term as in other special…
2Cases cited34 opinions
- Abbitt v. . GregorySupreme Court of North Carolina · 1931
- Lee v. . PearceSupreme Court of North Carolina · 1873
- In Re Will of CravenSupreme Court of North Carolina · 1915
- Shipp Ex Rel. Shipp v. United Stage Lines, Inc.Supreme Court of North Carolina · 1926
- Horah v. . KnoxSupreme Court of North Carolina · 1882
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3Cited by16 opinions
- Reid v. HoldenSupreme Court of North Carolina · 1955
- Moore v. HumphreySupreme Court of North Carolina · 1958
- State v. McNeelySupreme Court of North Carolina · 1956
- Gunter v. WindersSupreme Court of North Carolina · 1961
- Wynne v. AllenSupreme Court of North Carolina · 1957
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