Ex Parte Heirs at Law of Lewis
Supreme Court of North Carolina
Appeal from the Court of Equity of Rutherford County, at the Fall Term 1849, his Honor Judge Ellis presiding. Richard Lewis died, seized of lands in fee, which descended to his five children, of whom his daughter, Mary, married John McDowell. In May 1840, a suit was instituted between the heirs for partition ; and a decree was made therein for a sale of the land by the Clerk and Master for the purpose of partition.
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Appeal from the Court of Equity of Rutherford County, at the Fall Term 1849, his Honor Judge Ellis presiding. Richard Lewis died, seized of lands in fee, which descended to his five children, of whom his daughter, Mary, married John McDowell. In May 1840, a suit was instituted between the heirs for partition ; and a decree was made therein for a sale of the land by the Clerk and Master for the purpose of partition. The sale was made, reported and confirmed, and the master was ordered to collect the purchase money; and it was decreed, that the costs of the suit should be paid thereout, and…
1Opinion of the CourtRuffin, C. J.
The demand is not for costs or expenditures in the partition suit, in which case it ought to be satisfied under the original decree. But it is for other advances, made by one of the tenants, on account of the estate held in common ; and there is no doubt, that, for such advances, he has a just claim against his co-tenants, and, also, that in equity he might have looked to the es< tate for his indemnity, if duly asked for, in apt time.— That might have been done in the bill for partition, and the claim would have been provided for, either out of the profits of t.he estate or the proceeds of…
2Cited by1 opinion
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