Pass v. . Lynch
Supreme Court of North Carolina
PetitioN for partition, filed before the Clerk of the Superior Court of Sukby County, and, upon issues joined, transferred for trial to the Civil Issue Docket at Term and tried before Brown, J., at Pali Term, 1895, of said Court. The facts appear in the opinion of Associate Justice MONTGOMERY. The jury under instructions from his Honor answered the issues in favor of the plaintiff, and from the judgment thereon the defendant, Hattie L. Pass, appealed.
1Opinion of the Court
Montgomery, J.:
This was a proceeding before the clerk for the partition of real estate. The plaintiff alleges a tenancy in common with the defendants Hattie L. Pass and Nellie Lynch, and claims her interest by deed of purchase from E. IT. Pass, mortgagee of John W. Pass and his wife Hattie L. The defendants deny the plaintiff’s right and aver that her alleged interest belongs to the defendant Hattie, who holds the same by deed from Phillips and other subsequent mortgagees of John W. Pass and liis wife, Hattie L. The priority of the mortgage to E. H. Pass is admitted, and also the deed from E.…
2Cases cited2 opinions
- Helms v. . GreenSupreme Court of North Carolina · 1890
- Triplett v. WitherspoonSupreme Court of North Carolina · 1874
3Cited by2 opinions
- Lefmann v. BrillCourt of Appeals for the Sixth Circuit · 1905
- Triplett v. . WitherspoonSupreme Court of North Carolina · 1874