Ryder v. . Oates
Supreme Court of North Carolina
Appeal by defendants from Cline, J., at April Term, 1916, of MecK-LENBURG. This is a special proceeding for sale for partition of the “Central Hotel” property on Independence Square in Charlotte,. The feme petitioners are the sole surviving children of M. L. "Wriston, deceased (their husbands being joined). The proceeding was begun before the clerk, the feme petitioners alleging that they are the owners of an indefeasible fee-simple title to an undivided one-half interest in…
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Appeal by defendants from Cline, J., at April Term, 1916, of MecK-LENBURG. This is a special proceeding for sale for partition of the “Central Hotel” property on Independence Square in Charlotte,. The feme petitioners are the sole surviving children of M. L. "Wriston, deceased (their husbands being joined). The proceeding was begun before the clerk, the feme petitioners alleging that they are the owners of an indefeasible fee-simple title to an undivided one-half interest in said property, and that the devisees of R. M. Oates, who are defendants, are the owners of an indefeasible fee-simple…
1Opinion of the Court
Clark, C. Jr
The appeal presents three questions: (1) Was the procedure regular and proper? (2) Are the feme petitioners the absolute owners of the Wriston interest? (3) Are the devisees of R. M. Oates the absolute owners of the Oates interest?
M. X. Wriston, father of the feme petitioners, was the owner of an undivided one-half interest in this property in fee, and R. M. Oates owned the other one-half interest in fee in said lots.
In 1876 M. L. Wriston died leaving a last will and testament, which appears in the record. He left surviving him his widow, five daughters who are the feme…
2Cases cited24 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Springs v. ScottSupreme Court of North Carolina · 1903
- Hilliard v. . KearneySupreme Court of North Carolina · 1853
- Dillard v. DillardSupreme Court of Virginia · 1899
- Dunn v. . HinesSupreme Court of North Carolina · 1913
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Perry v. BassengerSupreme Court of North Carolina · 1941
- Perry v. . BassengerSupreme Court of North Carolina · 1941
- Hall v. . ArtisSupreme Court of North Carolina · 1923
- Bank v. . LeveretteSupreme Court of North Carolina · 1924
- Kirkman v. . SmithSupreme Court of North Carolina · 1918
13 more not listed; retrieve them via the Exa API.