Melvin v. . Bullard
Supreme Court of North Carolina
•Special Proceeding for Partition of Land commenced in the probate court, and tried at Fall Term, 1879, of Cumberland Superior Cou rt, before Seymour, J. The facts appear in the opinion. Verdict for plaintiffs, judgment, appeal by defendants.
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•Special Proceeding for Partition of Land commenced in the probate court, and tried at Fall Term, 1879, of Cumberland Superior Cou rt, before Seymour, J. The facts appear in the opinion. Verdict for plaintiffs, judgment, appeal by defendants. Cited and commented on James v. James, '76 N. C., 331; Braclsher v. Cannady., Id., 445; Wilkinson v. Wilkinson, 2 Dev., Eq., 376. Whether a gift-is -an advancement or not, depends upon ■the intention of the parent .at the very time the gift-is made. •Osgood v. Breed’s Heirs, 17 Mass., 357; Riddle’s Estate, 19 Renn.,431'. Every gift of a substantial…
1Opinion of the Court
Smith, C, J.
The plaintiffs allege that they are tenants in common with the feme defendant, their sister, of the four several parcels of land descended from their intestate father, Robert Melvin, and described in their complaint, each being entitled to one-fourth part thereof, and they demand partition and an assignment of their respective shares in sever-alty. The defendants deny the tenancy of the plaintiff, Irvin Melvin, and aver that he was advanced by a conveyance made by the intestate in his life time of real estate equal in value to one-third of that proposed to be divided, and is…
2Cases cited4 opinions
- W. S. Mason v. . Alfred WilliamsSupreme Court of North Carolina · 1872
- Holmes v. CrowellSupreme Court of North Carolina · 1875
- Exum v. . CogdellSupreme Court of North Carolina · 1876
- James v. . JamesSupreme Court of North Carolina · 1877
3Cited by8 opinions
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886
- Barbee v. . BarbeeSupreme Court of North Carolina · 1891
- Harper v. . HarperSupreme Court of North Carolina · 1885
- Ramsey v. . NebelSupreme Court of North Carolina · 1946
- Hilliard v. . PhillipsSupreme Court of North Carolina · 1879
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