Riddle v. . Riddle
Supreme Court of North Carolina
Appeal by defendants from Harding, J., at the February Term, 1918, of Mooee. Tbis is a proceeding for the partition of land, the plaintiffs claiming as the heirs of John Riddle.
Read the full summary
Appeal by defendants from Harding, J., at the February Term, 1918, of Mooee. Tbis is a proceeding for the partition of land, the plaintiffs claiming as the heirs of John Riddle. The defendant, Alfred Riddle, another heir of John Riddle, and John Davis, to whom Alfred had sold a part of the land, denied that John Riddle was the owner of the land at the time of his death, and pleaded sole seisin, and upon these issues the proceeding was tried in the Superior Court, it having been transferred by the clerk. It was not denied that the petitioners and Alfred Riddle were the heirs of John Riddle.…
1Opinion of the CourtAlleN, J.
There is authority for the position taken by the defendants that judgments do not ordinarily operate as estoppels between plaintiffs or defendants, usually having this effect only as between adversary parties, but it does not appear that the decree in the dower proceeding was relied on to estop the defendants from denying that John Eiddle was tbe owner of the land in controversy when he died, and •clearly the evidence was competent as a quasi admission of Alfred Eid-dle, who was a party and who failed to answer the allegation that John Eiddle died seized in fee of the land, and as…
2Cases cited3 opinions
- Atwell v. Shook.Supreme Court of North Carolina · 1903
- Overman v. . ClemmonsSupreme Court of North Carolina · 1836
- State v. . BordeauxSupreme Court of North Carolina · 1855
3Cited by4 opinions
- Johnson v. FrySupreme Court of North Carolina · 1928
- Johnson v. . FrySupreme Court of North Carolina · 1928
- Ramírez v. Caribbean Casualty Co.Supreme Court of Puerto Rico · 1930
- Ramírez v. Caribbean Casualty Co.Supreme Court of Puerto Rico · 1930