Morrison v. . Morrison
Supreme Court of North Carolina
Civil aotioN heard before Robinson, J., at July Term, 1897 of Burke Superior Court, on a motion to dissolve a restraining order theretofore issued by G-reene, J. The motion was allowed and plaintiffs appealed.
1Opinion of the Court
Fairoloth, C. J.:
This is an action to restrain the defendants from committing waste on the land described in the pleadings. The plaintiffs claim as remain-dermen in said property. The defendant claims as a tenant for life under a will, and as the owner in fee of one forty eighth interest by descent from one of the common ancestors. The Court held that the defendant was a .tenant in common with the plaintiffs to the extent of said interest by descent and could not be enjoined as prayed for by his co-tenants, and dissolved the restraining order, from which plaintiffs appealed. Other questions…
2Cases cited1 opinion
- Hinson v. . HinsonSupreme Court of North Carolina · 1897
3Cited by1 opinion
- Daniel v. Tallassee Power Co.Supreme Court of North Carolina · 1933