Wright and Wife v. . McCormick
Supreme Court of North Carolina
This was a petition for the partition of land, heard before his Honor, Buxton, J., at the Spring Term, 1873, of the Superior Court of Cumberland county, and upon the hearing his Honor made an order from which the defendant appealed. Enough of the case is stated in the opinion of the Court for understanding the points decided.
1Opinion of the CourtPearson, C. J.
We see no error of which the defendant has a right to complain. The petition states a particular description by “ metes and bownds,” so as clearly to identify the land. The order to the commissioners is to divide the land mentioned in the“pleadings,' and to accompany their report with a survey and plot, this extra particularity being, as it would seem, suggested by the difficulty which had been started in regard to the date of the grant, but - which had been removed. The plea of “ sole sezure” must be put in, before the order for partition is made, otherwise it is waived, and the parties are…
2Cited by5 opinions
- Haddock v. StocksSupreme Court of North Carolina · 1914
- Graves v. . BarrettSupreme Court of North Carolina · 1900
- Talley v. . MurchisonSupreme Court of North Carolina · 1937
- Haddock v. . StocksSupreme Court of North Carolina · 1914
- Wright v. . McCormickSupreme Court of North Carolina · 1877