Lester v. . Harward
Supreme Court of North Carolina
Civil actioN, tried before- Stacy, J., at August Term, 1916, of CHATHAM. Tbis is a proceeding for tbe sale of land for partition, tried in the Superior Court upon the defendants’ plea of sole seisin. It was admitted in this Court that W. B. Harward, the father of the feme plaintiff, and the grandfather of the defendants, was originally the owner of the land in controversy, and that the plaintiff and the defendants are his heirs at law.
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Civil actioN, tried before- Stacy, J., at August Term, 1916, of CHATHAM. Tbis is a proceeding for tbe sale of land for partition, tried in the Superior Court upon the defendants’ plea of sole seisin. It was admitted in this Court that W. B. Harward, the father of the feme plaintiff, and the grandfather of the defendants, was originally the owner of the land in controversy, and that the plaintiff and the defendants are his heirs at law. The defendants claimed that they were the owners of the land by adverse possession, held by their father, Needham B. Harward, and themselves. At the conclusion…
1Opinion of the Court
Allek,- J.
The case on appeal, which was not settled by the judge, and the record show several irregularities.
The complaint and answer raise the issue as to whether the plaintiff and defendants are tenants in common of the land described in the complaint, while the issue submitted to the jury was as to the sole seisin of the defendants, which, in the absence of admissions by the parties, would not be determinative, nor sufficient to support the verdict.
It does not follow that the plaintiff and defendants are tenants in common because the defendants are not sole seised, unless there is an…
2Cases cited3 opinions
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Huneycutt v. . BrooksSupreme Court of North Carolina · 1895
- Den Ex Dem. Black v. LindsaySupreme Court of North Carolina · 1853
3Cited by19 opinions
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Gibbs v. . HigginsSupreme Court of North Carolina · 1939
- Crews v. . CrewsSupreme Court of North Carolina · 1926
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
- Jernigan v. . JerniganSupreme Court of North Carolina · 1946
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