Legal Opinion

Welch v. . Welch

Supreme Court of North Carolina

Decided September 5, 1888PublishedCited by 3 opinions

Special proceeding- for sale of land for partition, tried before MacRae, J., upon issues sent up by the Clerk, at Spring Term, 1888, of the Superior Court of Ci-ierokee County.

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Special proceeding- for sale of land for partition, tried before MacRae, J., upon issues sent up by the Clerk, at Spring Term, 1888, of the Superior Court of Ci-ierokee County. The petition alleges, in substance, that the plaintiff and defendant are tenants in common of the land mentioned in the petition, each being entitled to an undivided half thereof, “except three fourths of the mines and minerals thereon”; that actual partition of the land cannot be had for reasons set out, and asks that the land be sold, &c. The defendant answers, alleging title in himself to the whole of the land…

1Opinion of the CourtDavis, J.

(after stating the case.) Thos. K. Welch and J. R. Welch were formerly tenants, in common of the land mentioned in the petition under deed from W. IT. Thomas and Bartlett Morgan. The plaintiff claims to have title to the interest of Jno. R. Welch in said land-, derived by purchase and deed under an execution sale, and the defendant claims title to the whole, alleging title to the share or interest of Jno. R. Welch by purchase and deed from him.

The defendant insists that the deeds from the Sheriff to the plaintiff, George K. 'Welch, are void because the sale was made by the Sheriff under…

2Cases cited2 opinions

  1. Burton v. . SpiersSupreme Court of North Carolina · 1882
  2. Spoon v. . ReidSupreme Court of North Carolina · 1878

3Cited by3 opinions

  1. Kelly v. . McLeodSupreme Court of North Carolina · 1914
  2. Gudger v. . PenlandSupreme Court of North Carolina · 1896
  3. Oates v. Munday.Supreme Court of North Carolina · 1900

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