Williams v. . Whitaker
Supreme Court of North Carolina
This is a special proceeding for partition, tried upon issues joined before the Clerk, at May Term, 1891, of Halifax Superior Court, Conner, J., presiding. • There was judgment for plaintiffs, from which defendants appealed. The facts are stated in the opinion.
1Opinion of the Court
Shepherd, J.:
The plaintiffs claim as purchasers from two of the heirs at law of Jesse Heptinstall and the title of the defendants is derived from another of the said heirs and the widow of the said Jesse. The plaintiffs therefore are the owners as tenants in common of an undivided two-thirds interest in the land mentioned in the petition, and they are entitled to a decree directing that the same be sold for partition, unless the right of partition is to he postponed until the expiration of the homestead (which includes the whole tract) by the death of Ophelia, the said widow. The plaintiffs…
2Cases cited9 opinions
- Woodruff v. TaylorSupreme Court of Vermont · 1847
- Keener v. . GoodsonSupreme Court of North Carolina · 1883
- Hornthal v. . BurwellSupreme Court of North Carolina · 1891
- Neville v. . PopeSupreme Court of North Carolina · 1886
- Gheen v. . SummeySupreme Court of North Carolina · 1879
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3Cited by4 opinions
- Formeyduval v. . RockwellSupreme Court of North Carolina · 1895
- Barnes v. . CherrySupreme Court of North Carolina · 1925
- Aiken v. . GardnerSupreme Court of North Carolina · 1890
- Sansom v. . JohnsonSupreme Court of North Carolina · 1937