Cheatham v. . Crews
Supreme Court of North Carolina
MotioN in the Cause heard at Spring Term, 1879, of Gran-ville Superior Court, before Buxton, J. The summons in the case was made returnable before the clerk, and upon the facts set out in the opinion of this court, the defendant insisted that the matters complained of were the proper subject of a civil action and not a special proceeding.
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MotioN in the Cause heard at Spring Term, 1879, of Gran-ville Superior Court, before Buxton, J. The summons in the case was made returnable before the clerk, and upon the facts set out in the opinion of this court, the defendant insisted that the matters complained of were the proper subject of a civil action and not a special proceeding. In the superior court before His Honor, the plaintiff moved to amend the summons so as to m^ke it returnable to term, and the defendant mowed to dismiss the proceeding for want of jurisdiction as set forth in the answer. The court allowed the amendment as…
1Opinion of the CourtSmith, C. J.
This action was instituted to reform and correct an alleged 'error in the partition of certain lands, devised by one James Crews to his eight children, the plaintiff and part of the defendants, and directed by the testator to be divided into eight equal shares, and one share allotted to each.
Under the directions of the will, the executors appointed three commissioners, who divided the land and assigned to each his and her share in severalty. The complaint alleges a mistake made by the commissioners as to the area of the lot which fell to the plaintiff whereby she loses about fifty acres, her…
2Cases cited5 opinions
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
- Bullard v. . JohnsonSupreme Court of North Carolina · 1871
- State v. . CaubleSupreme Court of North Carolina · 1874
- Thomas v. . WomackSupreme Court of North Carolina · 1870
- Jones v. . HemphillSupreme Court of North Carolina · 1877
3Cited by18 opinions
- Ewbank v. Turner.Supreme Court of North Carolina · 1903
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- Capps v. . CappsSupreme Court of North Carolina · 1881
- Redmond v. . MullenaxSupreme Court of North Carolina · 1893
- Elliott v. . TysonSupreme Court of North Carolina · 1895
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