Bradford v. Bank of Warsaw
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at April Term, 1921, of WayNe. This was a petition for sale for partition of a small lot in Goldsboro, and the defendant bank pleaded sole seisin. The jury responded to the issue that the plaintiff was owner of an undivided three-fifths interest in the premises, and from the judgment thereon the defendant appealed.
1DissentHoke, J.
I am unable to concur in the present disposition made of defendant’s appeal. This, a proceeding in partition, is, in effect, an action to recover three-fifths interest in a lot in the city of Goldsboro under deeds from three of the children and heirs at law of Needham Kennedy, deceased, Bryant, Levy, and William, duly proven and registered in Wayne County, in July and August, 1916. The two other children and heirs at law being Fannie, wife of Matthew Aldridge, and Ida, wife of John Darden.
The action was instituted and the summons in the cause bears date 15 March, 1920, and defendant resists a…
2Cases cited16 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- John L. Roper Lumber Co. v. Richmond Cedar WorksSupreme Court of North Carolina · 1914
- Justice v. LawsonWest Virginia Supreme Court · 1899
- Covington v. . StewartSupreme Court of North Carolina · 1877
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