Trull v. . Rice
Supreme Court of North Carolina
MotioN to set aside a sale and re-open biddings heard before Graves, Judge, on appeal from the clerk, at Spring Term, 1884, of RuNCOMBE Superior Court. His Honor refused to order a re-sale and affirmed the judgment of the clerk, from which the plaintiff J. R. Trull appealed.
1Opinion of the CourtSmith, C. J.
The petition for partition and sale of the tract of land described therein, in order to an assignment to the co-tenants in severalty of their respective shares, was filed on the 2d day of March, 1877, in the Superior Court of Buncombe, before the clerk, and after amendments introducing other interested parties in the action, was prosecuted to a final judgment for actual partition without a sale, in November, 1880. The land is estimated to contain one hundred and fifty acres, whereof the petitioners James R. Trull, Emma, Charles M., and Julia McAfee, and the defendant Polly Rice are entitled…
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