Goodman v. . Sapp
Supreme Court of North Carolina
Civil action, tried before Brown, J., at January Term, 1889, of Cabarrus Superior Court. This was a special proceeding for partition, commenced before the Clerk, and transferred to the Superior Court -in term, upon issues being raised by the pleadings. The plaintiffs were J. P. Goodman and wife Peggy, Leah Safrit, Thos. J. Safrit, Geo. W. Safrit, and Rufus, Sarah and Francis Yost. The defendants were Thos. IP.
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Civil action, tried before Brown, J., at January Term, 1889, of Cabarrus Superior Court. This was a special proceeding for partition, commenced before the Clerk, and transferred to the Superior Court -in term, upon issues being raised by the pleadings. The plaintiffs were J. P. Goodman and wife Peggy, Leah Safrit, Thos. J. Safrit, Geo. W. Safrit, and Rufus, Sarah and Francis Yost. The defendants were Thos. IP. Sapp and wife Sarah, Eme-line Safrit, Eli J. Safrit, Henry, Lawson, Mary, John and George Bost, Jr., and Peter Cruse. Defendants appealed. The other facts are stated in the opinion.
1Opinion of the CourtDavis, J.
The complaint alleges that Katie Safrit died in 1882, seized and possessed of the land in controversy, and that the plaintiffs and defendants (other than Peter Cruse) .are her heirs-at-law, upon whom the said real estate ■descended, and that Peter Cruse claims title in fee, under a pretended deed from Thos. H. Sapp, to a portion of the land ■described.. The defendants, Thos. H. Sapp and Sarah his wife, answer denying all the allegations of the complaint, and alleging that the defendant Sarah Sapp is. the sole owner in fee of said land, except a portion named, which' they say is owned by their…
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