Kayann Properties, Inc. v. Cox

This appeal presents only the question of nonsuit. All assignments of error with reference to the exclusion and admission of evidence have been abandoned. General rules governing involuntary termination on nonsuits in civil actions apply to special proceedings for partition. 68 C.J.S., Partition § 104 (1950). If the petitioner has no interest in the lands described in the petition, or no present right to partition, the proceeding is properly dismissed. Burchett v. Mason, 233 N.C. 306, 63 S.E. 2d 634. Cf. Haddock v. Stocks, 167 N.C. 70, 83 S.E. 9.

• Prima facie, a tenant in common is entitled,…