Alsbrook v. . Reid
Supreme Court of North Carolina
Special ProceediNü heard at Spring Term, 1883, of Haei-eax Superior Court, before Philips, J. This proceeding was instituted by the plaintiffs, Louis M. Alsbrook, Henry Billups and wife, Laura L. Billups and Alma M. Howell (by her next- friend, the said Alsbrook), against Sarah C. Reid, on the 1st day of September, 1882, before the clerk of the superior court, to sell land for partition, and the same was heard by him upon the following case agreed: 1. David Alsbrook was…
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Special ProceediNü heard at Spring Term, 1883, of Haei-eax Superior Court, before Philips, J. This proceeding was instituted by the plaintiffs, Louis M. Alsbrook, Henry Billups and wife, Laura L. Billups and Alma M. Howell (by her next- friend, the said Alsbrook), against Sarah C. Reid, on the 1st day of September, 1882, before the clerk of the superior court, to sell land for partition, and the same was heard by him upon the following case agreed: 1. David Alsbrook was seized and possessed of the lands described in the pleadings, and the interest of all parties concerned would be promoted by…
1Opinion of the CourtAshe, J.
The proceeding in this case was instituted ostensibly for the purpose of procuring a sale of land for partition among the heirs of David Alsbrook, but the case comes before ■us in a very questionable shape. It is not alleged in the complaint that the parties are tenants in common, nor that any of them are in possession of the land; and there is no description ■of any land which is sought to be sold; and these are matters necessary to be set forth in every petition for partition — whether to be divided or to be sold for the purpose of partition. Thomas v. Garvan, 4 Dev., 223; Ledbetter v.…
2Cases cited2 opinions
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- Simpson v. . WallaceSupreme Court of North Carolina · 1880
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- Little v. . ThorneSupreme Court of North Carolina · 1885
- Skipper v. YowSupreme Court of North Carolina · 1958
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