Gaither v. . Ballew
Supreme Court of North Carolina
This was an action by attaoiimeNT, tried before Caldwell, J., at the Spring Term, 1857, of Caldwell Superior Court. The heirs-at-law of Peter Ballew, sen., filed a petition in the Court of Equity of Caldwell County, describing certain lands descended to them, as tenants in common, from their ancestor, the said Peter Ballew, and praying that the same should be sold for partition.
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This was an action by attaoiimeNT, tried before Caldwell, J., at the Spring Term, 1857, of Caldwell Superior Court. The heirs-at-law of Peter Ballew, sen., filed a petition in the Court of Equity of Caldwell County, describing certain lands descended to them, as tenants in common, from their ancestor, the said Peter Ballew, and praying that the same should be sold for partition. The prayer of the petition was granted, a decree of sale made, the land sold, and the money being collected, was ordered to be divided equally among the petitioners. Most of the heirs drew their shares from the…
1Opinion of the CourtPearson, J.
It is not necessary to complicate the case by taking into consideration any other matter, save that in reference to J. E. Ballew, because the amount belonging to him in the hands of the garnishee, is more than enough to discharge the debt of the plaintiff.
Puett, the garnishee, states that he has in his hands $377,85 —money belonging to J. E. Ballew — that the money came into his hands as clerk and master of the Court of Equity, under-a decree for the sale of the land of Peter Ballew, sen., on a bill, filed by the heirs-at-law for a sale for the purposes, of partition; that J. E. Ballew was…
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