Winstead and Pass, Ex-Parte
Supreme Court of North Carolina
Special proceeding, begun before the clerk, and heard on appeal before MaEoy, Judge, at Spring Term, 1884, of PERSON Superior Court. His Honor rendered judgment for John C. Pass, and the other parties appealed. The facts fully appear in the opinion.
1Opinion of the CourtSmith, C. J.
This is a special proceeding instituted in the Superior Court of Person county, before the clerk, for partition of the lands described in the petition of the co-tenants, and for the assignment of the shares to each in severalty. To this end the lands were sold under an order of the court by a commissioner, his report of the sale made and confirmed, and the fund, except a share, one-sixth part, directed to be distributed among the tenants, holding the other shares according to their respective interest, as set out in the petition. This share belonged to the wife of the petitioner, John C.…
2Cases cited4 opinions
- Herbert & Others v. WREN & OTHERSSupreme Court of the United States · 1813
- Fry v. Merchants' InsuranceSupreme Court of Alabama · 1849
- King v. KingIllinois Supreme Court · 1853
- Francisco v. HendricksIllinois Supreme Court · 1862
3Cited by6 opinions
- Swayne v. Lone Acre Oil Co.Texas Supreme Court · 1905
- Crain v. WestCourt of Appeals of Kentucky · 1921
- Graser v. GraserTexas Supreme Court · 1948
- Meredith v. MeredithCourt of Appeals of Kentucky · 1921
- Miracle v. MiracleCourt of Appeals of Kentucky (pre-1976) · 1935
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