Godwin v. . Early
Supreme Court of North Carolina
Bpkoial proceeding, heard' at Fall Term, 1898, of HkrtpoRD Superior Court, before Graves, J. The case commenced before the Clerk on petition to soil land for partition, and was transferred to term for trial on issues raised by the pleadings.
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Bpkoial proceeding, heard' at Fall Term, 1898, of HkrtpoRD Superior Court, before Graves, J. The case commenced before the Clerk on petition to soil land for partition, and was transferred to term for trial on issues raised by the pleadings. Upon call of the case, the defendants moved to dismiss the petition because it did not allege that plaintiff was in the possession .of the common property, and insisted that without such allegation the Cleric had no jurisdiction; and the Court so ruled. .Plaintiff excepted. The plaintiff then moved for leave to amend the petition and allege possession,…
1Opinion of the CourtMacRae, J.
The special proceeding begun before the Clerk having been transferred to term for trial of issues raised by the pleadings, the Judge had jurisdiction of the same bj^ virtue of chapter 276, Laws 1887. It seems to be now settled by repeated adjudications that the petition is defective unless it sots forth that the petitioners are tenants in common and in possession — the general rule being that possession of one tenant in common is possession of all— where there has been no actual ouster. Alsbrook v. Reid, 89 N. C., 151; Wood v. Sugg, 91 N. C., 93; Osborne v. Mull, ibid., 203; McGill v. Buie,…
2Cases cited5 opinions
- Garrett v. . TrotterSupreme Court of North Carolina · 1871
- Alsbrook v. . ReidSupreme Court of North Carolina · 1883
- Singer Manufacturing Co. v. . BarrettSupreme Court of North Carolina · 1886
- Wood v. . SuggSupreme Court of North Carolina · 1884
- McGill v. . BuieSupreme Court of North Carolina · 1890
3Cited by1 opinion
- Graves v. . BarrettSupreme Court of North Carolina · 1900