Scarboro v. . Scarboro
Supreme Court of North Carolina
Special proceeding for the partition of lands, instituted before the Clerk of Wake Superior Court and transferred to Term for trial of the issue of sole seizin raised by certain of the defendants.
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Special proceeding for the partition of lands, instituted before the Clerk of Wake Superior Court and transferred to Term for trial of the issue of sole seizin raised by certain of the defendants. The case was tried at October Term, 1897, of Wake Superior Court before Robinson, J., and a jury, upon the following issues: 1. Are the plaintiffs owners with the defendants of the land described in the complaint as tenants in common? 2. Is the plaintiffs’ action barred by the statute of limitations ? The facts sufficiently appear in the opinion. Both issues were found in favor of the plaintiffs and…
1Opinion of the Court
Faircloth, C. J.:
The plaintiffs contend that they and the defendants are tenants in common and the defendants claim to be sole seized. The common ancestor was the owner of the land, and by deed in 1868 conveyed the same to the three defendants. He continued in possession until his death in 1878, and his wife continued in possession until her death in 1896. The daughter defendant remained with her father and mother until their deaths. The defendant E. J. Scar-boro rented a part of the land from his father while he lived and then rented a part from his mother until her death. S. H. Scarboro did…
2Cases cited1 opinion
- Norwood v. MarrowSupreme Court of North Carolina · 1839
3Cited by4 opinions
- Brown v. . BrownSupreme Court of North Carolina · 1915
- Wilson v. BrownSupreme Court of North Carolina · 1904
- Wilson v. . BrownSupreme Court of North Carolina · 1904
- Shuler v. Burnhardt Lumber Co.Supreme Court of North Carolina · 1920