McMichal v. . Moore
Supreme Court of North Carolina
This was a petition for the sale of a tract of land for partition, heard before MaNly, J., at the last Fall Term of the Court of Equity of Rockingham county. The petition set forth, that Mary McCollum was the person last seized of the tract of land described in the pleadings; that she died intestate, in the year 1857, leaving no issue, nor brother, nor sister, nor the issue of such, but leaving her father, Ilarvey Moore, her surviving.
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This was a petition for the sale of a tract of land for partition, heard before MaNly, J., at the last Fall Term of the Court of Equity of Rockingham county. The petition set forth, that Mary McCollum was the person last seized of the tract of land described in the pleadings; that she died intestate, in the year 1857, leaving no issue, nor brother, nor sister, nor the issue of such, but leaving her father, Ilarvey Moore, her surviving. Mary McCollum derived the inheritance in question from an uncle, Milton Whitsell, who died intestate in 1852, leaving the said Mary one of his heirs-at-law.…
1Opinion of the CourtPeaesoN, J.
The fourth canon of descent, Rev. Code, ch. 38, sec. 4, provides that, on failure of lineal descendants, where land has been transmitted by descent, &c., the inheritance shall descend to the next collateral relations of the person last seized, who are of the iloocl of the ancestor.
The petitioners are of the blood of the ancestor from whom the land descended; the defendants, who are the children of the defendant Harvey Moore, and the half brothers and sisters of the person last seized, are nearer in degree than the petitioners; but they are not of the blood of the ancestor; consequently, as…
2Cited by3 opinions
- Noble v. . WilliamsSupreme Court of North Carolina · 1914
- Paul v. . CarterSupreme Court of North Carolina · 1910
- Weeks v. Quinn.Supreme Court of North Carolina · 1904