Graves v. . Barrett
Supreme Court of North Carolina
PetitioN for partition of a tract of land fully described in the pleadings. The plaintiff claimed that he was entitled to one-fourth undivided interest, and the defendants to' the remaining interest. The defendants denied that the plaintiff was a co-tenant with them.
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PetitioN for partition of a tract of land fully described in the pleadings. The plaintiff claimed that he was entitled to one-fourth undivided interest, and the defendants to' the remaining interest. The defendants denied that the plaintiff was a co-tenant with them. The action was tranferred from Clerk’s docket, and tried before Bryan, J., at January Term, 1900, of Moose Superior Court upon these issues: (1) Are tiie plaintiff and defendants tenants in common and seized in fee-simple of the land described in the petition ? (2) What is tiie interest of the petitioner in said land ? Upon the…
1Opinion of the CourtClark, J.
Samuel Barrett in 1867 made a deed for a tract of land to the “heirs of John A. Barnett.” Said John A. Barrett is the son of the grantor, and is still living. By sec. 1329 of The Code, this deed, which would have been void at common law, nam nemo haeres viveniis, is construed to be a limitation to the children of John A. Barrett. At the time of the execution of the conveyance he had two children, John M. and Jesse, and there are two born since, Charles and Bertha. John M. mortgaged his “one-fourth undivided interest” in said tract, the mortgage was foreclosed, and the plaintiff, who became…
2Cases cited5 opinions
- Alexander v. . GibbonSupreme Court of North Carolina · 1896
- Huneycutt v. . BrooksSupreme Court of North Carolina · 1895
- Epley v. . EpleySupreme Court of North Carolina · 1892
- Wright and Wife v. . McCormickSupreme Court of North Carolina · 1873
- Godwin v. . EarlySupreme Court of North Carolina · 1894
3Cited by14 opinions
- Gibbs v. . HigginsSupreme Court of North Carolina · 1939
- Warren v. . SusmanSupreme Court of North Carolina · 1915
- Cooley v. . LeeSupreme Court of North Carolina · 1915
- Gregory v. . PinnixSupreme Court of North Carolina · 1912
- Goldsboro Lumber Co. v. Hines Bros. Lumber Co.Supreme Court of North Carolina · 1900
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