Roberts v. Roberts.
Supreme Court of North Carolina
PROCEEDING for partition by W. S. Roberts against H. C. Roberts, beard by Judge O. U. Allen at tbe August Term, 1906, of the Superior Court of Buncombe, upon 'a motion by the defendant to set aside a decree of confirmation. Erom the order denying the motion, the defendant appealed.
1Opinion of the CourtBeowN, J.
It appears from the record and findings by the Court below that on 19 January, 1881, the plaintiff brought a special proceeding against the defendant before the Clerk of the Superior Court for the purpose of partitioning certain land between the plaintiff and defendant which they held as tenants in common. Issues of fact having been raised by the pleadings, the case was transferred for trial to the Superior Court. It was regularly called for trial at June Term, 1881, and a jury-was empaneled to try it. After the jury had been empaneled, the judgment which appears in the, record, appointing…
2Cases cited2 opinions
- Penniman v. . DanielSupreme Court of North Carolina · 1884
- Bright v. . SuggSupreme Court of North Carolina · 1834
3Cited by4 opinions
- Perry v. BassengerSupreme Court of North Carolina · 1941
- Perry v. . BassengerSupreme Court of North Carolina · 1941
- Macon v. EdingerCourt of Appeals of North Carolina · 1980
- Macon v. EdingerSupreme Court of North Carolina · 1981