Purvis v. . Wilson
Supreme Court of North Carolina
This was a petition for the partition of land, tried before Manly, J., at the last Fall Term of Bertie Superior Court. The defendant pleaded to the petition that he had never been a tenant in common, of the land in question, witli the petitioners or either of them, but that he had a sole seisin in the premises.
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This was a petition for the partition of land, tried before Manly, J., at the last Fall Term of Bertie Superior Court. The defendant pleaded to the petition that he had never been a tenant in common, of the land in question, witli the petitioners or either of them, but that he had a sole seisin in the premises. Upon the hearing of the petition and plea, the plaintiffs moved that the issue of title, made by the pleading, be submitted for trial to a jury, which was refused by his Honor, who ordered that the proceedings on the petition should be suspended until the question of title should be…
1Opinion of the CourtPearson, J.
Coparceners liad a right to partition at common law ; it was given to joint tenants, and tenants in common by statute. The remedy was in a court of common law by “ writ of partition Fitzh. Nat. Bre. 256 ; Co. Litt. 169, a. n. 2. The inconveniences attending the mode of suing and having the partition made, induced the court of equity to assume a concurrent j urisdietion, but this did not affect the common law remedy ; Holmes v. Holmes, 2 Jones’ Eq. Rep. 334.
If the proceeding is in equity and the defendant denies the relation and avers a title in severalty, so as to put the title in issue, the…
2Cases cited1 opinion
- Western Union Telegraph Co. v. Union Pacific Railway Co.United States Circuit Court · 1880
3Cited by9 opinions
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- Foster v. . WilliamsSupreme Court of North Carolina · 1921
- Ryder v. . OatesSupreme Court of North Carolina · 1917
- Parker v. Taylor.Supreme Court of North Carolina · 1903
- Bailey v. . HowellSupreme Court of North Carolina · 1936
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