Cheatham v. . Crews
Supreme Court of North Carolina
Civil ActioN tried, upon exceptions to a referee’s report, at Fall Term, 1882, of GRANVILLE Superior Court, before Shipp, J. Plaintiff appealed.
1Opinion of the CourtSmith, C. J.
In dividing the lands devised by James Crews to bis eight children in the manner pointed out in the will, the, plaintiff was awarded a share, lot No. 2, then supposed to contain 129 acres, and at a valuation by the acre amounting to the aggregate sum of $838.50. Some four years later, it was discovered that there was a mistake in the estimated number of acres, there being only 78^ acres in the lot and a deficiency of 50-J acres.
To correct this error and restore equality in the partition, the plaintiff instituted this action; and when the case was before us on a former appeal (83 N. C., 313),…
2Cases cited2 opinions
- Davis v. MarshallTexas Supreme Court · 1860
- Cheatham v. . CrewsSupreme Court of North Carolina · 1880
3Cited by1 opinion
- Hoerr v. HoerrSupreme Court of Minnesota · 1917