Legal Opinion

Midgett v. . Midgett

Supreme Court of North Carolina

Decided September 5, 1895PublishedCited by 6 opinions

PROCEEDING for partition of land, brought by the plaintiff before tlie Clerk of the Superior Court of Hare, and heard on demurrer ore tenus, and, on motion to dismiss for want of jurisdiction, before Mclver, J., at Fall Term, 189é, of said conrt. The facts are stated in the opinion of Associate Justice Furghes.

1Opinion of the Court

Furches, J. :

Edward Mann died leaving a last will and testament devising bis lands to his four sons as follows :

“2. I give and bequeath unto my son Spencer I). Mann, one-fourth part of all the lands I possess,begintiing at Joseph Caroon’s N. W. line, running N. W. by a straight line across the land, with all appertaining to it.
“3. I give and bequeath to my son Samuel E. Mann, one-fourth part of all the lands I own, beginning at Spencer D. Mann’s N. W. line, running N. W., with all appertaining to it.
“é. I give and bequeath unto my son Thos. R. Mann, one-fourtli part of all the lands I own,…

2Cases cited1 opinion

  1. Watts v. ClardySupreme Court of Florida · 1848

3Cited by6 opinions

  1. Baynham v. State Highway Department of South CarolinaSupreme Court of South Carolina · 1936
  2. Midgett v. . TwifordSupreme Court of North Carolina · 1897
  3. Hodges & Dejarnette v. ThorntonSupreme Court of Virginia · 1924
  4. Lockleair v. MartinSupreme Court of North Carolina · 1957
  5. Hollowell v. HollowellSupreme Court of North Carolina · 1993

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