Ex parte Smith
Supreme Court of North Carolina
An ACTION ex-parte, by J. R. Smith and others, heard by Judge B. B. Peebles and a jury, at September Term, 1903, of the Superior Court of Wayne County.
1Opinion of the Court
Walker, J".
This is a motion in a partition proceeding, formerly pending in the Court of Pleas and Quarter Sessions, to docket tbe same, and for leave to issue execution upon a judgment therein rendered, which charged one of the tracts of land with a sum of money to be paid to another tract for the purpose of effecting equality of partition.
At the November Term, 1861, partition was decreed and Lot No. 6 was assigned by the commissioners to Amelia Smith, subject, however, to a charge of $160.66 in favor fo Lot No. 1, which was assigned to John S. Hamilton, who now makes this motion. In the…
2Cases cited24 opinions
- McDonald v. . DicksonSupreme Court of North Carolina · 1881
- Jameson v. RixeySupreme Court of Virginia · 1897
- Allen v. . AllenSupreme Court of North Carolina · 1897
- Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
- Baltimore & Ohio Railroad v. TrimbleCourt of Appeals of Maryland · 1879
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3Cited by2 opinions
- Newsome v. . HarrellSupreme Court of North Carolina · 1915
- Dobbin v. . RexSupreme Court of North Carolina · 1890