Boykin v. . Boykin
Supreme Court of North Carolina
Civil. ACTION, in the nature of a petition for Partition of lands, filed in the Probate Court, thence carried to the Supe--rior Court of Wilson county, where it was tried on issues submitted to a j,ury,. before Glarlce, The ease comes to this Court upon the appeal of the plaintiff, who excepted to the rejection by the Court of certain evidence by them offered, tending to establish the legitimacy of the feme plaintiff, the issue then joined.
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Civil. ACTION, in the nature of a petition for Partition of lands, filed in the Probate Court, thence carried to the Supe--rior Court of Wilson county, where it was tried on issues submitted to a j,ury,. before Glarlce, The ease comes to this Court upon the appeal of the plaintiff, who excepted to the rejection by the Court of certain evidence by them offered, tending to establish the legitimacy of the feme plaintiff, the issue then joined. The facts relating to the point decided are fully set out ha the opinion of the Court.
1Opinion of the Court
ByNüM, J.
In 1870, one Nelson Kent died intestate, seized of the land in dispute, and without issue, but leaving brothers and sisters, his only heir's at law.
Algatha, the female plaintiff, claims that she is a sister of the intestate and one of his heirs:at-law. It was admitted that the intestate and the defendants were the legitimate issue of Wiley Kent and Milly Kent, and also, that plaintiff, Algatha was the daughter of said Milly, and born in wedlock, and as to her the following issue was made up by consent and submitted to the jury, to wit: “ Was Algatha Boykin, the female plaintiff, the…
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