McCulloh v. . Daniel
Supreme Court of North Carolina
Civil action, tried before Clark, J., at Spring Term, 1888, of the Superior Court of Davie County. The plaintiffs alleged that they were the owners of two undivided fifths of the land in controversy, as devisees of Alfred McCulloh, deceased, and that the defendant is the owner of the other three-fifths, as tenant in common with plaintiffs, and is in possession, and wrongfully withholds the same, and they demand judgment, that they be “Jet into possession,” &c.
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Civil action, tried before Clark, J., at Spring Term, 1888, of the Superior Court of Davie County. The plaintiffs alleged that they were the owners of two undivided fifths of the land in controversy, as devisees of Alfred McCulloh, deceased, and that the defendant is the owner of the other three-fifths, as tenant in common with plaintiffs, and is in possession, and wrongfully withholds the same, and they demand judgment, that they be “Jet into possession,” &c. The defendant answers at much length, averring several grounds of defence, and among them, in substance, that the land in question was…
1Opinion of the CourtDavis, J.
(after stating the case). This case cannot be likened to a sale of the interest of one-tenant in common under execution, as in Ward v. Farmer, 92 N. C., 93, or to any one of the numerous cases of a sale of one tenant in common, whether purporting to sell his own interest only, or the entire interest in the land, cited by the counsel for the plaintiffs.
It is insisted for the plaintiffs that, as in fact no process was served on them, the sale, as to them, was absolutely void, and the effect of the deed was to constitute the defendant a joint tenant with them, and could not confer a title…
2Cases cited1 opinion
- Ward v. . Farmer SoutherlandSupreme Court of North Carolina · 1885
3Cited by13 opinions
- Perry v. BassengerSupreme Court of North Carolina · 1941
- John L. Roper Lumber Co. v. Richmond Cedar WorksSupreme Court of North Carolina · 1914
- Perry v. . BassengerSupreme Court of North Carolina · 1941
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
- Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
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