Holley v. . White
Supreme Court of North Carolina
PetitioN for sale for partition, heard by Stacey, J., at February Term, 1916, of Bertie. The court being of opinion that certain judgment creditors and mortgagees, who held liens upon the undivided land, were improperly made defendants, dismissed the action a.s to them. To this ruling the plaintiff excepted and appealed. The court then decreed a sale of the land for partition among the tenants in common, all of whom are parties.
1Opinion of the CourtBbowN, J.
Tbe plaintiff owns two-ninths of the land and the other tenants in common one-ninth each. Certain of these latter have executed mortgages on their undivided interests, and judgments have been docketed against others constituting liens on their respective shares. The decree for the sale of the land is acquiesced in by all the tenants in common, and the only matter for review is the propriety of dismissing the action as to the mortgagees and judgment lienors.
It is true, we decided in Jordan v. Faulkner, 168 N. C., 466, that judgment creditors of a tenant in common are not necessary parties to a…
2Cases cited2 opinions
- Kelly v. . McLeodSupreme Court of North Carolina · 1914
- Jordan v. . FaulknerSupreme Court of North Carolina · 1915
3Cited by7 opinions
- Trust Co. v. . WatkinsSupreme Court of North Carolina · 1939
- Citizens Bank & Trust Co. v. WatkinsSupreme Court of North Carolina · 1939
- Rostan v. . HugginsSupreme Court of North Carolina · 1939
- Washburn v. WashburnSupreme Court of North Carolina · 1951
- Helmick v. KraftWest Virginia Supreme Court · 1919
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