Legal Opinion

Nelson v. . Whitfield

Supreme Court of North Carolina

Decided January 5, 1880PublishedCited by 29 opinions

Special Pkoceedin& heard on appeal at Fall Term, 1878 of Pitt Superior Court, before McKoy, J. This is a petition for partition commenced before the clerk of Pitt superior court.

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Special Pkoceedin& heard on appeal at Fall Term, 1878 of Pitt Superior Court, before McKoy, J. This is a petition for partition commenced before the clerk of Pitt superior court. The plaintiffs allege that the feme plaintiff and the defendants, George Whitfield and Mary the wife of Robert Whitehurst, and some others, are the heirs at law of one Benjamin Whitfield, who died intestate in Pitt county in the year 1810, seized and possessed of the land in controversy ; that they are tenants in common, and they pray that partition may be made of said land. The defendants on the contrary say it is…

1Opinion of the CourtAshe, J.

This case has been imperfectly made up. It is "remarkable that as all the evidence in the ease is based upon the fact that the records of Pitt county were destroyed by fire, there is not a word of proof in the whole case that the court house with the records had been destroyed by fire in thp year 1858. But from the pleadings, the character of the exceptions to evidence, and the argument of counsel, we must conclude that that fact was conceded.

At the date of the alleged execution of the will, the courts of pleas and quarter sessions had jurisdiction of the probate •of wills, and were directed…

2Cases cited5 opinions

  1. Yates v. . YatesSupreme Court of North Carolina · 1877
  2. Kirby v. MastenSupreme Court of North Carolina · 1874
  3. Gage v. SchroderIllinois Supreme Court · 1874
  4. Mercer v. WigginsSupreme Court of North Carolina · 1876
  5. State ex rel. Harrell v. HareSupreme Court of North Carolina · 1874

3Cited by29 opinions

  1. Shaffer v. GaynorSupreme Court of North Carolina · 1895
  2. Goodale v. MurraySupreme Court of Iowa · 1940
  3. Bond v. . WoolSupreme Court of North Carolina · 1890
  4. Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
  5. Alexander v. . GibbonSupreme Court of North Carolina · 1896

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