Baird v. Baird's Heirs
Supreme Court of North Carolina
The bill was filed in September 1827, and stated that the plaintiff and Zebulon Baird were brothers, and having mutual confidence and regard for each other’s interest, became and were united in the joint and equal portions of sundry tracts of land in Buncombe County, and acquired titles in their joint names for the same, by means of their joint funds: that Zebulon was the active manager of said joint lands, and made sales of sundry parts thereof, to certain persons mentioned…
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The bill was filed in September 1827, and stated that the plaintiff and Zebulon Baird were brothers, and having mutual confidence and regard for each other’s interest, became and were united in the joint and equal portions of sundry tracts of land in Buncombe County, and acquired titles in their joint names for the same, by means of their joint funds: that Zebulon was the active manager of said joint lands, and made sales of sundry parts thereof, to certain persons mentioned in the bill, to the value of one thousand four hundred and seventy dollars; and that he received the same, and…
1Opinion of the Court
Ruffin, Chief Justice,
having stated the case as above, proceeded as follows: — The pleadings do not appear to be so framed as to raise the questions which were considered in the Court below to be involved, and on which his Honor declared his opinion. Yet as this Court does not concur in the principles declared in the decree, and especially in their application to this case, it would be improper to dispose of the cause without some notice of them.
The case is treated in the decree as a partition cause merely, by one tenant in common against another; in which the defendants set up a sole seisin,…
2Cited by12 opinions
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- Hogan v. . UtterSupreme Court of North Carolina · 1918
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