Vick v. . Wooten

This is an appeal by plaintiff in two actions brought by bim and consolidated. Many of the questions presented in this record were before this Court in Vick v. Tripp, 153 N. C., 90. The question again presented is as to bow far the plaintiff’s rights were concluded by the partition proceeding. In that proceeding he was not a party, but he had an interest therein as a remainderman in fee under the will of T. A. Cherry, who was a tenant in common of a one-fourth undivided interest as one of the residuary devisees of his father, T. R. Cherry, who died in 1890. His son, T. A. Cherry, died in…