Henson v. Henson

Tbe single question presented is whether in answer to a petition for partition one tenant in common may set up claim for amounts expended to remove an encumbrance on tbe common property.

Tbe court below overruled tbe plaintiff’s demurrer to tbe answer on tbis point, and in tbis we concur.

Petitions for partition are equitable in their nature, and the court has jurisdiction to consider the rights of the parties under the principles of equity and to do justice between the parties. Raymer v. McLelland, 216 N.C. 443, 5 S.E. 2d 321; Trust Co. v. Watkins, 215 N.C. 292, 1 S.E. 2d 853; Gibbs v.…