Legal Opinion

Wessell v. . Rathjohn

Supreme Court of North Carolina

Decided October 5, 1883PublishedCited by 27 opinions

Special PkoceediNG commenced in the probate court and tried at Fall Term, 1882, of New Hakoveb. Superior Court, before McteRae, J. This proceeding was instituted by the plaintiffs to obtain partition of certain lots in the city of Wilmington, of which John-PI.

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Special PkoceediNG commenced in the probate court and tried at Fall Term, 1882, of New Hakoveb. Superior Court, before McteRae, J. This proceeding was instituted by the plaintiffs to obtain partition of certain lots in the city of Wilmington, of which John-PI. Heins is alleged to have died seized and possessed, and the feme plaintiff Anna S. Wessell and the feme defendant Margaret E. Rathjohn are his only children and heirs-at-law, and are jointly seized of the descended property. In answer to the plaintiffs’ petition, it is alleged that the feme defendant is the sole owner of the property…

1Opinion of the CourtMekrimox, J.

1. The appellants insist in this court that this is a case exclusively within the equitable jurisdiction of the superior court, and, therefore, that court ought to have proceeded to hear and determine it as a case in equity; and they suggest that it be remanded with instructions to that court to so treat it.

We arc not prepared to admit that this is a case exclusively equitable in its nature; but if it were, it appears that the appellants consented, first in the court of probate and afterwards in the superior court, to have the issues of fact arising in their action tried by a jury in the…

2Cases cited5 opinions

  1. Lee v. . PearceSupreme Court of North Carolina · 1873
  2. Shields v. . WhitakerSupreme Court of North Carolina · 1880
  3. Horah v. . KnoxSupreme Court of North Carolina · 1882
  4. Leggett v. . LeggettSupreme Court of North Carolina · 1883
  5. McConnell v. . Caldwell, Adm'r. .Supreme Court of North Carolina · 1875

3Cited by27 opinions

  1. In Re Will of CravenSupreme Court of North Carolina · 1915
  2. Westphal v. HeckmanIndiana Supreme Court · 1916
  3. Smith v. . MooreSupreme Court of North Carolina · 1908
  4. Fortune v. . WatkinsSupreme Court of North Carolina · 1886
  5. Hawthorne v. JenkinsSupreme Court of Alabama · 1913

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