Vaughan v. . Vincent
Supreme Court of North Carolina
Special Proceeding commenced before the clerk, ancl heard at Fall Term, 1882, of Caswell Superior Court, before Shipp, J. The plaintiffs filed their petition to sell land for partition, alleging that they and the defendants are tenants in common, but owing to the large number of persons interested, it is impossible to have actual partition without serious injury to all of them.
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Special Proceeding commenced before the clerk, ancl heard at Fall Term, 1882, of Caswell Superior Court, before Shipp, J. The plaintiffs filed their petition to sell land for partition, alleging that they and the defendants are tenants in common, but owing to the large number of persons interested, it is impossible to have actual partition without serious injury to all of them. The defendants denied the tenancy in common, and pleaded “sole seizin,” and that they had been in the actual possession of the land for more than seven years with color of title. Issues of fact being thus raised, the…
1Opinion of the CourtAshe, J.
The only exceptions taken to tiie judgment of the superior court, were, to the striking out the answer of the defendants, and to the directions given the receiver and commissioner as to the disposition of the fund.
The proceeding was commenced before the clerk upon the defendants’ giving a bond for costs and damages, and filing their answer, in which the defence of “sole seizin” was set up, and the case was put on the trial docket of the superior court, that the issue raised by the pleadings might be tried by a jury.
The power of the court to require the bond of the defendants in such a case…
2Cited by9 opinions
- Becton v. Dunn.Supreme Court of North Carolina · 1905
- Huneycutt v. . BrooksSupreme Court of North Carolina · 1895
- Narron v. Union Camp Corp.Court of Appeals of North Carolina · 1986
- Cooper v. . WarlickSupreme Court of North Carolina · 1891
- Sipe v. . HermanSupreme Court of North Carolina · 1912
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