McMillan v. . McMillan
Supreme Court of North Carolina
Special proceeding for partition of real estate before the Clerk of Superior Court .of Pender County. Commissioners were appointed to divide the land and allot to the tenants in common their respective shares. To the report of the Commissioners the defendants file exceptions, and move, upon affidavits, to have the division set aside for inequality in value of the shares.
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Special proceeding for partition of real estate before the Clerk of Superior Court .of Pender County. Commissioners were appointed to divide the land and allot to the tenants in common their respective shares. To the report of the Commissioners the defendants file exceptions, and move, upon affidavits, to have the division set aside for inequality in value of the shares. Motion allowed by the Clerk, and a new division ordered — from which order the plaintiffs, who had also filed affidavits, appealed to the Judge at term. By consent the case was heard by Robinson, J., at Chambers in Goldsboro…
1Opinion of the Court
Montgomery, J.:
The commissioners who were appointed in the special proceeding to make partition of' the lands described in the petition made their report in due form of law. That report upon its face is regular in all respects and apparently bears no mark either of irregularity or injustice. Exceptions were filed to it by the defendants Atkinsons — based upon inequality of partition, and nothing more. Affidavits on that matter were introduced before the Clerk by both the plaintiffs and the defendants. On the hearing of the affidavits, that officer set aside the report of the commissioners and…
2Cases cited2 opinions
- Overby v. Fayetteville Building & Loan Ass'nSupreme Court of North Carolina · 1879
- Lovinier v. . PearceSupreme Court of North Carolina · 1874
3Cited by6 opinions
- Taylor v. . CarrowSupreme Court of North Carolina · 1911
- Perry v. . PerrySupreme Court of North Carolina · 1920
- Byrd v. ThompsonSupreme Court of North Carolina · 1955
- West v. WestSupreme Court of North Carolina · 1962
- Couch v. CouchCourt of Appeals of North Carolina · 1973
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