Higgins v. . Higgins

This was a proceeding for partition of land, begun before tbe clerk. Two of tbe defendants pleaded sole seizin and tbe other .defendants filed no answer. Tbe case was then transferred to tbe court at term. Tbe proceeding thereby became in- effect an action of ejectment. Ditmore v. Rexford, 165 N. C., 620.

Tbe-plaintiffs alleged tbat J. N. Higgins died seized of a certain tract of land in Yancey County, leaving them and tbe defendants as bis heirs at law, and tbat they desired to bold tbeir interests in said land in severalty, and prayed tbat said lands be partitioned among tbe plaintiffs and…