Legal Opinion

Pendleton v. Williams

Supreme Court of North Carolina

Decided March 27, 1918PublishedCited by 24 opinions

Civil actioN to sell land for partition and reinvestment, part of same being affected by contingent interests, instituted to November Term, 1916, of PasquotaNk; Justice, J. The rights of the parties and respective interests in the property are -chiefly dependent on a certain deed bearing date March, 1883, in which A. L. Pendleton, the owner of the property, and Charles Guirkin, as trustee holding under a trust deed from said Pendlton, to secure two •small claims due from him…

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Civil actioN to sell land for partition and reinvestment, part of same being affected by contingent interests, instituted to November Term, 1916, of PasquotaNk; Justice, J. The rights of the parties and respective interests in the property are -chiefly dependent on a certain deed bearing date March, 1883, in which A. L. Pendleton, the owner of the property, and Charles Guirkin, as trustee holding under a trust deed from said Pendlton, to secure two •small claims due from him to his then wife, Jane Pendleton, conveyed the same to Jane R. Pendleton and others, habendum as follows: “To have and…

1Opinion of the CourtHoke, J.

In a former proceeding concerning this property, Aydlett v. Pendleton et al., 111 N. C., 28, it was adjudged that a sale for partition could not be had on account of contingent estates and interests therein, the recognized rule at that time being correctly stated in the headnotes as follows: “A sale for partition will not be decreed when there are contingent remainders or other conditional interests therein unless all the persons who may be by any possibility interested unite in asking such a decree.”

A like decision was soon thereafter made in Hodges v. Lipscombe, 128 N. C., 57, and the…

2Cases cited16 opinions

  1. Springs v. ScottSupreme Court of North Carolina · 1903
  2. Anderson v. WilkinsSupreme Court of North Carolina · 1906
  3. Hodges v. Lipscomb.Supreme Court of North Carolina · 1901
  4. Johnson v. . RobersonSupreme Court of North Carolina · 1916
  5. Smith v. WestIllinois Supreme Court · 1882

11 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Woodard v. ClarkSupreme Court of North Carolina · 1951
  2. Perry v. BassengerSupreme Court of North Carolina · 1941
  3. Perry v. . BassengerSupreme Court of North Carolina · 1941
  4. Spencer v. . McCleneghanSupreme Court of North Carolina · 1932
  5. Dawson v. . WoodSupreme Court of North Carolina · 1919

19 more not listed; retrieve them via the Exa API.

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