Little v. . Buie
Supreme Court of North Carolina
Áepeal from, the Court of Equity of Robeson county The bill was filed by Daniel Little and his children, Margaret Ann Tirginia Little, Mary Caroline Little, and Eliza Jane Little, alleging that they are tenants in common with the defendants of a large body of land, which descended to the defendants, and Rebecca, the wife of the plaintiff, Daniel, from her father, Dan. Buie.
Read the full summary
Áepeal from, the Court of Equity of Robeson county The bill was filed by Daniel Little and his children, Margaret Ann Tirginia Little, Mary Caroline Little, and Eliza Jane Little, alleging that they are tenants in common with the defendants of a large body of land, which descended to the defendants, and Rebecca, the wife of the plaintiff, Daniel, from her father, Dan. Buie. The bill further alleges, that after the death of Daniel Buie, plaintiff’s wife, Rebecca, had one son, Daniel B. Little, aud died ; that the plaintiff then intermarried with one Mary Evans, by whom he had one daughter, the…
1Opinion of the Court
MáNly, J.
It is clear, upon the authority of the case of McMichal v. Moore, 3 Jones’ Eq. Rep. 471, that the father, upon the death of his son, took his entire interest in the land, in question, and the half sisters, not being of the blood of the transmitting ancestor took nothing. In making, therefore, the sisters parties complainant, there has been a misjoinder, for which defendants may demur. (See Story’s Eq. Pl. S. 544, and the cases there cited.)
The order below is affirmed, the demurrer is sustained, and the bill dismissed without prejudice, but at the plaintiffs’ costs.
Pee, Cueiam, ■…
2Cited by2 opinions
- Noble v. . WilliamsSupreme Court of North Carolina · 1914
- Paul v. . CarterSupreme Court of North Carolina · 1910