Sutton v. . Edwards
Supreme Court of North Carolina
Cause removed from the Court of Equity of Greene County, at the Spring Term, 1848. The bill sets forth, that Thomas Edwards died in the year-, leaving a large real estate, which descended to his children, who were his heirs at law: That the plaintiff, Polly Sutton, was one of his heirs, and the others were, Theophilus, Cullen, Francis, Thomas, Nathan, Rosa, and William T. Edwards, eight in number ; and that Theophilus died intestate and without issue.
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Cause removed from the Court of Equity of Greene County, at the Spring Term, 1848. The bill sets forth, that Thomas Edwards died in the year-, leaving a large real estate, which descended to his children, who were his heirs at law: That the plaintiff, Polly Sutton, was one of his heirs, and the others were, Theophilus, Cullen, Francis, Thomas, Nathan, Rosa, and William T. Edwards, eight in number ; and that Theophilus died intestate and without issue. A petition was filed in 1823 in the County Court of Greene, by the heirs to procure partition of the lands, so descended, and such proceedings…
1Opinion of the CourtNash, J.
It is not denied, that the partition of the lands of Thomas Edwards among his heirs did take place, as set forth in the bill, and that lot No. 7 was assigned to the plaintiff’, Polly Sutton, and that lots Nos. 1, 2, and 5, were severally assigned to Francis, Thomas and Cullen Edwards, and charged with the respective sums, as stated, to be paid to lot No. 7. It is further admitted, that Cullen subsequently purchased the shares of Franklin and Thomas, and, it is proved, sold his original lot No. 5, to the defendant, John Sugg. These were the only shares charged with the payment of money. The…
Also in this document: Per curiam.
2Cited by3 opinions
- In Re AusbornSupreme Court of North Carolina · 1898
- Ex parte SmithSupreme Court of North Carolina · 1904
- Smith Ex ParteSupreme Court of North Carolina · 1904