McKimmon, Currie & Co. v. Caulk
Supreme Court of North Carolina
Appeal by plaintiff from Allen, J., at the March Term, 1915, of ROBESON. Proceeding for the partition of thirty-five acres of land, the plaintiff alleging that it is the owner of a one-half undivided interest therein, and that the defendant Fannie Gault is the owner of the other one-half interest in said land.
Read the full summary
Appeal by plaintiff from Allen, J., at the March Term, 1915, of ROBESON. Proceeding for the partition of thirty-five acres of land, the plaintiff alleging that it is the owner of a one-half undivided interest therein, and that the defendant Fannie Gault is the owner of the other one-half interest in said land. Prior to 1878 George Dial was the owner of sixty acres of land, and in that year this land was sold under execution and was bought by Sinclair Lowrie, to'^iom a deed for the land was regularly executed. In March, 1890, Sinclair Lowrie conveyed said land to “Sarah Dial for her lifetime,…
1Opinion of the CourtAlleN, J.
When this action was heard on the former appeal (167 N. C., 411) it was held that the deed of Sinclair Lowrie vested an estate by entireties in Wesley Caulk and his wife, Fannie, with the right of survivorship, in the land in controversy, but that the decree of absolute' divorce severed the relationship and the estate, and that thereafter they became tenants in common, and the judgment of the Superior Court dismissing the action, then before the court' for review, was reversed and a new trial ordered.
When the action was again tried, the defendant relied upon the plea that the name of Wesley…
2Cases cited11 opinions
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- Tuttle v. . HarrillSupreme Court of North Carolina · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Johnston-Crews Co. v. FolkSupreme Court of South Carolina · 1922
- Gibbs v. . HigginsSupreme Court of North Carolina · 1939
- Craver v. . SpaughSupreme Court of North Carolina · 1947
- Crawford v. . CrawfordSupreme Court of North Carolina · 1939
- Huffman v. . PearsonSupreme Court of North Carolina · 1942
5 more not listed; retrieve them via the Exa API.