Breeden v. . McLaurin
Supreme Court of North Carolina
Issues joined in a Special Poceeding, tried before Ciarle, Judge, at February Term, 1887, of Richmond Superior Court. In tliis action, begun before the Clerk for partition of the tract of land described in this petition, the petitioners alleged that they were tenants in. common with the defendant, each being entitled to one-fifth part thereof. ■ Tim defendant denied the alleged tenancy, and asserted a sole seizin in himself.
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Issues joined in a Special Poceeding, tried before Ciarle, Judge, at February Term, 1887, of Richmond Superior Court. In tliis action, begun before the Clerk for partition of the tract of land described in this petition, the petitioners alleged that they were tenants in. common with the defendant, each being entitled to one-fifth part thereof. ■ Tim defendant denied the alleged tenancy, and asserted a sole seizin in himself. The issue thus formed was transferred to the Superior Court for trial and was passed on by the jury, who found the tenancy to exist, and from the judgment thereon the…
1Opinion of the Court
Smíth, O. J.,
(after stating the case). We do not see the force of the objection to the reception of what passed between the parties. It amounted to no more than an arrangement that if the petitioners established their claims to four-fifths of the land, and the defendant would sue upon .his covenant, and let them have what he might recover, that would be accepted in payment of their shares, and defendant should have an absolute estate in severalty in the lands. Nor do we see any harm to the defendant that could ensue from admission of the evidence
The remaining exception is to the refusal of…
2Cases cited1 opinion
- Hicks v. . BullockSupreme Court of North Carolina · 1887
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