Rhea v. Craig.
Supreme Court of North Carolina
PROCEEDING- for partition by H. E. Rbea against J. 0. Craig and others, heard by Judge Fred Moore and a jury, upon issues raised’before the clerk, at the March Term, 1905, of the Superior Court of BuncoMbe. The proceeding was for the partition of a large body of land which descended to the parties from their ancestor, Tames Craig.
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PROCEEDING- for partition by H. E. Rbea against J. 0. Craig and others, heard by Judge Fred Moore and a jury, upon issues raised’before the clerk, at the March Term, 1905, of the Superior Court of BuncoMbe. The proceeding was for the partition of a large body of land which descended to the parties from their ancestor, Tames Craig. The defendants admit that they and the plaintiff had formerly been tenants in common of the land, but pleaded that, on April 6, 1868, they had entered into a written agreement which was signed by all of them, and thereby appointed three arbitrators or referees,…
1Opinion of the Court
Walker, J.,
after stating tbe case: We do not think tbis ease presents any unusual, and certainly not any extraordinary features. It can be decided upon correct principles if we will but bear in mind tbe nature of an estate in common and its ordinary incidents. Tenants in common bold by unity of possession and are deemed to be seized per my and not per tout. They may bold by several and distinct titles, or by title derived at one and tbe same time by tbe same deed or descent. But however tbe estate is created, whether by act of tbe party, or by descent or act of tbe law, they properly take by…
2Cases cited16 opinions
- Covington v. . StewartSupreme Court of North Carolina · 1877
- Wood v. . FleetNew York Court of Appeals · 1867
- Hazen v. BarnettSupreme Court of Missouri · 1872
- Tomlin v. HilyardIllinois Supreme Court · 1867
- Bullin v. Hancock.Supreme Court of North Carolina · 1905
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3Cited by11 opinions
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
- Ballard v. . BoyetteSupreme Court of North Carolina · 1915
- Duckett v. HarrisonSupreme Court of North Carolina · 1952
- Martin v. . BundySupreme Court of North Carolina · 1937
- Collier v. . Paper CorporationSupreme Court of North Carolina · 1916
6 more not listed; retrieve them via the Exa API.