Skinner v. . Carter
Supreme Court of North Carolina
Special proceeding for partition of land’, heard before Whitaker, J., on appeal from the Clerk at Spring Term, 1890, of Gates Superior Court. The defendants had no counsel before the Clerk, and filed no answer to the complaint. As the record shows, the commissioners were regularly appointed, and met on the premises, and, after being duly sworn, divided the land and made,their report The plaintiffs excepted to the report, as shown by the record.
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Special proceeding for partition of land’, heard before Whitaker, J., on appeal from the Clerk at Spring Term, 1890, of Gates Superior Court. The defendants had no counsel before the Clerk, and filed no answer to the complaint. As the record shows, the commissioners were regularly appointed, and met on the premises, and, after being duly sworn, divided the land and made,their report The plaintiffs excepted to the report, as shown by the record. The Clerk overruled the exception and confirmed the report, from which the plaintiffs appealed to the Superior Court at term. On the hearing of the…
1Opinion of the CourtAvery, J.
after stating the facts: The procedure in special proceedings, instituted (under the provisions of The Code, ch. 47) for partition, or for sale for partition, is the same as where the relief sought in such proceedings is of a different character. The Code, § 1923. The rules of practice prescribed by the statute, where petitions are filed for the purpose of opening ditches through swamp lands, are also similar. The Code, § 1324. Where exceptions were filed to the report of commissioners appointed to lay off a drainage ditch, this Court compared the findings of fact made by them to the verdict…
2Cases cited3 opinions
- Blackwell v. . McCaineSupreme Court of North Carolina · 1890
- Bushee v. . SurlesSupreme Court of North Carolina · 1878
- Norfolk Southern Railroad v. ElySupreme Court of North Carolina · 1888
3Cited by11 opinions
- Parrish v. . R. R.Supreme Court of North Carolina · 1942
- Johnson v. Pilot Life InsuranceSupreme Court of North Carolina · 1939
- Privette v. PrivetteSupreme Court of North Carolina · 1949
- Tar Heel Hosiery Mill v. Durham Hosiery MillsSupreme Court of North Carolina · 1930
- Langley v. LangleySupreme Court of North Carolina · 1952
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