Legal Opinion

Nicelar v. Heirs of Barbrick

Supreme Court of North Carolina

Decided June 5, 1835PublishedCited by 1 opinion

This was a petition for partition. The heirs at law of Leonard Barbrick, filed a petition for partition of the lands of their deceased ancestor, in the County Court of Cabarrus ; an order was made for the appointment of commissioners, and the commissioners made return of their proceedings to the Court.

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This was a petition for partition. The heirs at law of Leonard Barbrick, filed a petition for partition of the lands of their deceased ancestor, in the County Court of Cabarrus ; an order was made for the appointment of commissioners, and the commissioners made return of their proceedings to the Court. It appeared upon that return, that they had allotted to Catharine Stirewalt, one of the heirs, and wife of Adam Stirewalt, by metes and bounds, a piece of land containing two hundred and twenty-one acres, valued at eleven hundred dollars; to Polly West, another of the heirs, the wife of Isaac…

1Opinion of the Court

Gaston, Judge,

after stating the case as above, proceeded. — The acts of 1787 and 1801, [Rev. ch. 274 and 588,) requires that the commissioners shall apportion the lands into as equal shares as possible, by a subdivison, if necessary, of the more valuable tract or tracts; and au-thorise an unequal partition of the lands, and correcting the inequality by charges of money on the more valuable dividends, only, where an equal division of the lands cannot be made without injury to the heirs. These requirements are to be strictly observed by the commissioners, and . very departure from them ought to…

2Cited by1 opinion

  1. Simmons v. . FoscueSupreme Court of North Carolina · 1879

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