Aydlett v. . Pendleton
Supreme Court of North Carolina
This was a special PROCEEDING commenced before the Clerk of the Superior Court of PasquotaNK County, and heard before Shvford, J., upon appeal at Spring Term, 1892, of PasquotaNK Superior Court. The plaintiff asks for sale of the land described in the petition for partition. The petitioner owns the interest of Jane R. Pendleton and R. D. AVilliams. The defendants George and Kate Pendleton are infants and unmarried and without issue and oppose the sale.
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This was a special PROCEEDING commenced before the Clerk of the Superior Court of PasquotaNK County, and heard before Shvford, J., upon appeal at Spring Term, 1892, of PasquotaNK Superior Court. The plaintiff asks for sale of the land described in the petition for partition. The petitioner owns the interest of Jane R. Pendleton and R. D. AVilliams. The defendants George and Kate Pendleton are infants and unmarried and without issue and oppose the sale. The land cannot be actually partitioned, but sale must be had for that purpose. The Court refused to grant an order of sale for…
1Opinion of the Court
Shepherd, J.:
At common law there could be no compulsory partition between tenants in common, and it was within the power of each co-tenant to annoy and injure the others by an unreasonable assertion of his undoubted right to be in possession of every part of the lands of the co-tenancy. There being no right to the exclusive possession of any particular part, neither co-tenant had that incentive to improve or even to cultivate the land so held in common, as would invariably attend a tenancy in severalty; and as the chief evils of the former species of tenancy grew out of the right pf each…
2Cases cited5 opinions
- Irvin v. . ClarkSupreme Court of North Carolina · 1887
- Simpson v. . WallaceSupreme Court of North Carolina · 1880
- Williams v. . HassellSupreme Court of North Carolina · 1876
- Miller Ex-ParteSupreme Court of North Carolina · 1884
- Wood v. . SuggSupreme Court of North Carolina · 1884
3Cited by15 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Thompson v. . HumphreySupreme Court of North Carolina · 1919
- Hodges v. Lipscomb.Supreme Court of North Carolina · 1901
- Pendleton v. WilliamsSupreme Court of North Carolina · 1918
- Dawson v. . WoodSupreme Court of North Carolina · 1919
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