Gillespie v. . Allison
Supreme Court of North Carolina
This was a special proceeding instituted before the Clerk of the Superior Court of MeckxeNburg County for the partition of the real estate described in the petition. As ssues of fact and of law were raised by the pleadings, the case was transferred by the Clerk to the Superior Court for trial. It was agreed that the issues might be heard by his Honor Judge Winston at chambers as of the term of Court.
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This was a special proceeding instituted before the Clerk of the Superior Court of MeckxeNburg County for the partition of the real estate described in the petition. As ssues of fact and of law were raised by the pleadings, the case was transferred by the Clerk to the Superior Court for trial. It was agreed that the issues might be heard by his Honor Judge Winston at chambers as of the term of Court. The rights of the defendants in the real estate described in the petition accrued long prior to the year 1887, to-wit, about the-year 1866. The defendants contended, first, that as the rights of…
1DissentBurwell, J.
There being no contention as to the interests of the parties in the lands sought to be partitioned or sold for partition, it appears that the petitioner is, by virtue of the wills of Henry Owens and Jane Owens, tenant of said lands, "so long as she remains (545) the widow of W. A. Owens"; that she has sold her interest in one of the tracts to one of the other petitioners, and that the other parties are tenants in remainder of said lands according to their respective rights as set out in the petition and answer. Before the Act of 1887, chapter 214, contenants in remainder or reversion had no…
2Cases cited7 opinions
- Tabor v. . WardSupreme Court of North Carolina · 1880
- Larkin v. SaffaransDistrict Court, W.D. Tennessee · 1883
- Aydlett v. . PendletonSupreme Court of North Carolina · 1892
- Greer v. City of AshevilleSupreme Court of North Carolina · 1894
- Hinton v. . HintonSupreme Court of North Carolina · 1868
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3Cited by12 opinions
- Chas. W. Priddy & Co. v. SanderfordSupreme Court of North Carolina · 1942
- Byrd D. JohnsonSupreme Court of North Carolina · 1941
- City of Statesville v. JenkinsSupreme Court of North Carolina · 1930
- B-C Remedy Co. v. Unemployment Compensation CommissionSupreme Court of North Carolina · 1946
- Chappell v. National Surety Co.Supreme Court of North Carolina · 1926
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