Mott v. Carolina Land & Lumber Co.
Supreme Court of North Carolina
Speoial PROCEEDING for partition, brought before the Clerk and transferred upon issues to the Superior Court of CurritucK County, and beard before O. H. Allen, J., and a jury, at Eall Term, 1901. Judgment for petitioners, and defendant appealed. The facts sufficiently appear in the opinion of the Court.
1Opinion of the Court
Clare, O. J.
This was a special proceeding for partition. The defendant pleaded sole seizin, and the cause was transferred to the Superior Court at term for trial. John Cox died, in 1853, owner of the land in controversy, which descended to his five .children as heirs at law. The land consisted of nine tracts, mostly woodland, there being some clearing on two tracts only. W. 0. Mercer, who was the husband of one of the heirs, entered into possession and qualified as administrator. There was evidence that he entered in right of his wife, and also that he rented out the land as administrator,…
2Cases cited3 opinions
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Covington v. . StewartSupreme Court of North Carolina · 1877
- Bullin v. Hancock.Supreme Court of North Carolina · 1905
3Cited by4 opinions
- Sheets v. SheetsCourt of Appeals of North Carolina · 1982
- Hi-Fort, Inc. v. BurnetteCourt of Appeals of North Carolina · 1979
- Herbert v. BabsonCourt of Appeals of North Carolina · 1985
- Bradford v. Bank of WarsawSupreme Court of North Carolina · 1921