Wilkinson v. . Wilkinson
Supreme Court of North Carolina
The plaintiffs alleged that John F. (Wilkinson the elder, the father of the plaintiffs and the defendant, died intestate, seised of land which had been sold tinder an order of the Court of Equity, for partition — that the proceeds of this sale had been equally divided between them and the defendant, and that this division was erroneous, as the defendant had been fully advanced in the life-time of their father — that the land advanced to the defendant had been eonveyed to him…
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The plaintiffs alleged that John F. (Wilkinson the elder, the father of the plaintiffs and the defendant, died intestate, seised of land which had been sold tinder an order of the Court of Equity, for partition — that the proceeds of this sale had been equally divided between them and the defendant, and that this division was erroneous, as the defendant had been fully advanced in the life-time of their father — that the land advanced to the defendant had been eonveyed to him by a deed of bargain and sale, but it was founded upon no valuable consideration moving from the defendant to his…
1Opinion of the Court
GfastoN, Judge.
After slating the pleadings as above, proceeded : A great number of witnesses have been examined on both sides, and their testimony laid before the court. Upon this testimony a preliminary question arose, and was argued by the counsel, whether any parol evidence could be received to contradict the consideration expressed in the deed. As the parties did not demand an immediate decision upon this question, and wished at all events a final decree in the cause, the Court heard the testimony, reserving to the defendant the benefit of this objection.
The determination of this question…
2Cited by4 opinions
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