Powell v. . Allen
Supreme Court of North Carolina
Proceedings for Partition of land, in Wake Superior Court, commenced by summons, returnable out of term, and heard upon demurrer to the complaint, by Watts, J., at June Term, 1876. The complaint, filed at the opening of the summons, alleges, that Joseph Fowler died in said county in February,. 1859, leaving a will by which he devised the land, of which partition is sought, as follows: “ Item 3d.
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Proceedings for Partition of land, in Wake Superior Court, commenced by summons, returnable out of term, and heard upon demurrer to the complaint, by Watts, J., at June Term, 1876. The complaint, filed at the opening of the summons, alleges, that Joseph Fowler died in said county in February,. 1859, leaving a will by which he devised the land, of which partition is sought, as follows: “ Item 3d. To my beloved daughter, Martha E. Terrell,, (widow) I lend, during her life time, my tract of land on which she now resides, in Wake County, containing 500' acres more or less, together with all…
1Opinion of the CourtPearson, C. J.
When two or more acquire land by pur'chase, as distinguished from descent,-and the four unities ■exist, to wit, “ time, title, estate and possession,” they take ■as joint tenants unless there be an express provision that -they shall take as tenants in common, and not as joint tenants. In devises, the rule has been further released by allowing such words, “ to take share and share alike,” or “ to be equally divided between them,” to have the effect of making •the devisees take as tenants in common and not as joint tenants, because of an inference from the use of these words that the-devisor so…
2Cited by5 opinions
- Rowland v. . RowlandSupreme Court of North Carolina · 1885
- Burton v. . CahillSupreme Court of North Carolina · 1926
- Blair v. . OsborneSupreme Court of North Carolina · 1881
- Dew v. ShockleyCourt of Appeals of North Carolina · 1978
- Powell v. . MoriseySupreme Court of North Carolina · 1881