Sherrod v. . Mayo
Supreme Court of North Carolina
Appeal from Ward, J., at April Term, 1911, of Edgecombe. This is a civil action brought by the plaintiff as surviving partner against the administrator and the heir at law and son of John W. Sherrod for a settlement of the copartnership estate, which consisted of a large number of tracts of land and a large quantity of personal property, used principally in farming operations.
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Appeal from Ward, J., at April Term, 1911, of Edgecombe. This is a civil action brought by the plaintiff as surviving partner against the administrator and the heir at law and son of John W. Sherrod for a settlement of the copartnership estate, which consisted of a large number of tracts of land and a large quantity of personal property, used principally in farming operations. The plaintiff asked to be put in possession of all the lands and personal property belonging to the copartnership, some of which was in the possession of defendants, claiming the right to sell both lands and personal…
1Opinion of the CourtBkowN, J.
It is the doctrine of the English courts that, as between partners and their heirs and representatives for the purposes of the copartnership, real estate will be treated as personalty if the partners have by the articles of copartnership so treated it and impressed upon it the character of personalty.
There is no doubt that in this country copartners may by articles of copartnership provide that the firm’s real estate may be treated as personalty and sold by the surviving partner for the settlement of the copartnership.
In the absence of any such stipulation it was a vexed question for a long…
2Cases cited14 opinions
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