Legal Opinion

Thompson v. . Shamwell

Supreme Court of North Carolina

Decided October 5, 1883PublishedCited by 4 opinions

Special PROCEEDING commenced before the clerk of Davidson superior court, and removed to and tried at Spring Term, 1883, of Forsyth Superior Court, before Graves, J. Under proceedings instituted in the probate court of Davidson and conducted regularly to a conclusion, the lands descended from the intestate (Joseph H. Thompson) to his heirs-at-law, children and grandchildren, were divided among them and their respective shares assigned in severalty, except that one tract,…

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Special PROCEEDING commenced before the clerk of Davidson superior court, and removed to and tried at Spring Term, 1883, of Forsyth Superior Court, before Graves, J. Under proceedings instituted in the probate court of Davidson and conducted regularly to a conclusion, the lands descended from the intestate (Joseph H. Thompson) to his heirs-at-law, children and grandchildren, were divided among them and their respective shares assigned in severalty, except that one tract, with expensive improvements and not admitting of partition, was set apart to three of the tenants as their joint share.…

1Opinion of the Court

SMITH, C. J.,

after stating the above. Without assenting to the irregular method pursued for obtaining a correction of alleged errors in the records of a court by amendments, the propriety of which rests in the sound discretion of the judge, and of the sufficiency of the evidence of such error ho must determine, it is to be observed that the proposition is, not to show that the record does not truly state the action of the court in adopting the report of partition and confirming the distribution of the shares by the well-defined lines which bound them, but to correct misapprehensions in the…

2Cases cited8 opinions

  1. Capps v. . CappsSupreme Court of North Carolina · 1881
  2. Peterson v. . VannSupreme Court of North Carolina · 1880
  3. England v. . GarnerSupreme Court of North Carolina · 1881
  4. Covington v. . IngramSupreme Court of North Carolina · 1870
  5. Thaxton v. . Williamson .Supreme Court of North Carolina · 1875

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Williamson v. . HartmanSupreme Court of North Carolina · 1885
  2. McLaurin v. . McLaurinSupreme Court of North Carolina · 1890
  3. Mock v. . CogginSupreme Court of North Carolina · 1888
  4. Holmes v. . DavisSupreme Court of North Carolina · 1898

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