Hunter v. . Kelly
Supreme Court of North Carolina
Civil action-, heard before Avery, Judge, at February Term, 1884, of Wake Superior Court., upon exceptions to the report of a referee. The facts sufficiently appear in the opinion. There was a judgment for the defendants, and the plaintiffs appealed.
1Opinion of the CourtSmith, C. J.
This action was begun in the Superior Court for the partition and sale of the land described in the complaint, and of which the plaintiffs allege themselves and the defendant to be tenants in common. The answer denies the tenancy and asserts a sole seizin in the defendant. The cause was thereupon transferred, for the trial of the issues, to the civil issue docket.
At August Term, 1881, aii order was entered by consent, referring the case to George V. Strong, “to find the facts and declare the law arising thereon, with a right to appeal on the same.”
The referee made report at a subsequent term,…
2Cited by19 opinions
- Eaton v. . DoubSupreme Court of North Carolina · 1925
- King v. . McRackanSupreme Court of North Carolina · 1915
- Ellington v. . EllingtonSupreme Court of North Carolina · 1889
- State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
- Dent v. English Mica Co.Supreme Court of North Carolina · 1937
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