McGill v. . Buie
Supreme Court of North Carolina
This was a petition for the sale of land for partition, heard on appeal from the Clerk of Cumberland Superior Court, before Philips, J., at Chambers, on the 2d day of February, 1888. The petitition was as follows: “ The petition of D. K. McGill, Margaret McGill, Rebecca McGill, Neill McGill, Mary McGill, Annie Ellis, William Campbell, Daniel McGill— “1. Respectfully represents that they and Catherine McDonald (under whom the defendant John Buie claims an interest in the…
Read the full summary
This was a petition for the sale of land for partition, heard on appeal from the Clerk of Cumberland Superior Court, before Philips, J., at Chambers, on the 2d day of February, 1888. The petitition was as follows: “ The petition of D. K. McGill, Margaret McGill, Rebecca McGill, Neill McGill, Mary McGill, Annie Ellis, William Campbell, Daniel McGill— “1. Respectfully represents that they and Catherine McDonald (under whom the defendant John Buie claims an interest in the lands hereinafter described) are the next of kin and heirs at law of the late Duncan Bann Buie and his children, Neill Buie,…
1Opinion of the CourtDavis, J.
after stating the facts: 1. The counsel for defendant say “ that possession of defendant is not enough, unless he admits the tenancy in common; and the allegation impliedly admits that defendant resists their claim.” So far from this being so, the demurrer admits the facts alleged in the petition, and it distinctly alleged that the petitioners and the defendant are tenants in common, and “that said John Buie, the defendant, is in possession of said lands, claiming title to Catherine McDonald's share therein under the aforesaid deed, as your petitioners are informed and believe.”
It is well…
2Cases cited2 opinions
- Thames v. . JonesSupreme Court of North Carolina · 1887
- Best v. . ClydeSupreme Court of North Carolina · 1882
3Cited by2 opinions
- Conley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Godwin v. . EarlySupreme Court of North Carolina · 1894