McPherson v. McPherson
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Cumberland County, at the Spring Term 1850, his Honor Judge Settle presiding. This is an action of account, brought by the plaintiffs, alleging that the defendants were tenants in common ■with them of a certain tract of land, which had descended to them from a common ancestor, and received more (han their proper share of the rents, and profits, for which they had refused to account.
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Appeal from the Superior Court of Law of Cumberland County, at the Spring Term 1850, his Honor Judge Settle presiding. This is an action of account, brought by the plaintiffs, alleging that the defendants were tenants in common ■with them of a certain tract of land, which had descended to them from a common ancestor, and received more (han their proper share of the rents, and profits, for which they had refused to account. The proof was, that Alexander McPherson died more than twenty years ago, leaving his widow and eight children — all of whom had gone off and left their parents, except the…
1Opinion of the CourtPearson, J.
The judge, in the Court below, was of opinion, that in the action of account against the defendants, who were tenants in common with the plaintiffs, and were sued as bailiffs under the statute,for using more than their just share, in proportion, of the profits, it was necessary for the plaintiffs to prove to the satisfaction of the jury, not only that the defendants were tenants in com*401mon with the plaintiffs, and had been in the pernancy of the profits, but that they had received more than their just share or proportion. To this the plaintiffs excepted. We think there is error.
The action of…
2Cited by6 opinions
- Kane v. KaneSupreme Court of Connecticut · 1935
- Hunt v. HuntSupreme Court of North Carolina · 1964
- Davis v. DavisSupreme Court of North Carolina · 1957
- Roberts v. . RobertsSupreme Court of North Carolina · 1855
- Vick v. . TrippSupreme Court of North Carolina · 1910
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