Legal Opinion

McBryde v. . Patterson

Supreme Court of North Carolina

Decided January 5, 1878PublishedCited by 18 opinions

Special Proceeding- for Partition of Land commenced in the Probate Court, and heard on appeal at Eall Term, 1817, of RobesoN Superior Court, before Moore, J. The facts sufficiently appear in the opinion of this Court delivered by The Chiee Justice. The defendant, John Patterson, moved to dismiss the proceeding upon the ground that he was sold'seized of the land. Motion denied. Appeal by defendant.

1Opinion of the CourtSmith, C. J.

The land to procure partition of which this proceeding was instituted, belonged to one Robert Hughes, who acquired it by purchase and died intestate, unmarried and without issue. Pie left surviving him a brother, William G-ordon, and four sisters, Sarah, Effie, Isabella and Caroline. The intestate himself and Caroline were illegitimate, and William and the three other sisters, legitimate children, born of the same mother. The shares of those born in wedlock are claimed, some of them by the plaintiff, the others by some of the defendants, and the share and estate of Caroline belong to the…

2Cases cited1 opinion

  1. Mitchell v. . KilburnSupreme Court of North Carolina · 1876

3Cited by18 opinions

  1. Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
  2. Merritt Milling Co. v. FinlaySupreme Court of North Carolina · 1892
  3. Joyner v. . RobertsSupreme Court of North Carolina · 1893
  4. Goodell v. YezerskiMichigan Supreme Court · 1912
  5. Baker v. GarrisSupreme Court of North Carolina · 1891

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