Gill v. . Denton
Supreme Court of North Carolina
Civil action for partition of certain real estate situate in Baleigh, N. C., beard before his Honor Judge Tourgee, at the Special (January) Term, 1874, of the Superior Court of Wane county. On the trial below, the sole question was as to the ownership of one-fifth interest of the lands sought to be divided. Upon hearing the complaint and answer, his Honor being of opinion with the plaintiffs, gave judgment accordingly. Defendant Denton appealed.
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Civil action for partition of certain real estate situate in Baleigh, N. C., beard before his Honor Judge Tourgee, at the Special (January) Term, 1874, of the Superior Court of Wane county. On the trial below, the sole question was as to the ownership of one-fifth interest of the lands sought to be divided. Upon hearing the complaint and answer, his Honor being of opinion with the plaintiffs, gave judgment accordingly. Defendant Denton appealed. The facts are fully stated in the opinion of the Court.
1Opinion of the CourtRodmaN, J.
This is a proceeding for the partition of a lot or piece of land in Raleigh. The only question presented is, as to the ownership of an undivided fifth part thereof which it is admitted belonged to Rufus W. Smith .under whom both parties claim title.
The plaintiff purchased on 5th April, 1869, at a sale under-execution in' favor of one Yaughan to the use of Plaintiff, against said Rufus. The execution was levied prior to August Term, 1867, of Wake Superior Court, and was docketed 28th July, 1868.
The defendant purchased bona fide, and for value, from said Rufus on 31st October, 1868.
So that in…
2Cases cited1 opinion
- W. S. Mason v. . Alfred WilliamsSupreme Court of North Carolina · 1872
3Cited by4 opinions
- Hayes v. LivingstonMichigan Supreme Court · 1876
- McDaniel v. . LeggettSupreme Court of North Carolina · 1945
- Bank v. Bank.Supreme Court of North Carolina · 1905
- Brandon v. Commissioners of Caswell CountySupreme Court of North Carolina · 1874