Gregory v. . Pinnix
Supreme Court of North Carolina
Appeal from CamdeN from order of Cline, J., rendered 21 December, 1911. This is a proceeding to sell lands for partition, beard in tbe Superior Court, on appeal from tbe Clerk of Camden County.
Read the full summary
Appeal from CamdeN from order of Cline, J., rendered 21 December, 1911. This is a proceeding to sell lands for partition, beard in tbe Superior Court, on appeal from tbe Clerk of Camden County. Tbe petitioner alleges, among other things: “1. That be is a tenant in common, is seized in fee, and is the owner of tbe following described lands lying and being in tbe county and State aforesaid, situated in tbe jurisdiction of this court and bounded as follows “17. That tbe interest of your petitioner in said land is as follows: 291-1296. “18. That tbe interests of tbe defendants are as follows:…
1Opinion of the CourtAlleN, J.
The ruling of his Honor, that the denial in the answer of the allegation in the petition, that the petitioner is a tenant in common with the defendants, and is seized in fee, raises an issue of fact, would not be questioned but for certain expressions in several of our decisions which, considered without reference to the facts in the cases and the history of. proceedings in partition, would render it doubtful.
The first of these cases is Purvis v. Wilson, 50 N. C., 23, in which Pea/rson, G. J., says that the plea by the defendant in partition of non tenent insimul is the plea of sole seizin,…
2Cases cited5 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Armfield v. . MooreSupreme Court of North Carolina · 1852
- Faison v. . WilliamsSupreme Court of North Carolina · 1897
- Carter v. WhiteSupreme Court of North Carolina · 1904
- Graves v. . BarrettSupreme Court of North Carolina · 1900
3Cited by12 opinions
- Gibbs v. . HigginsSupreme Court of North Carolina · 1939
- Pridgen v. . PridgenSupreme Court of North Carolina · 1925
- Pinnell v. BurroughsSupreme Court of North Carolina · 1915
- Murphy v. SmithSupreme Court of North Carolina · 1952
- Smith v. SmithSupreme Court of North Carolina · 1958
7 more not listed; retrieve them via the Exa API.