Carroll v. Victor Manufacturing Co.
Supreme Court of North Carolina
Appeal by plaintiff from Allen, J., at April Term, 1920, of Gumbek-LAND. This was originally a petition for partition, begun before the clerk of Superior Court of Cumberland County, and upon the plea of sole seizin transferred to the Superior Court in term time.
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Appeal by plaintiff from Allen, J., at April Term, 1920, of Gumbek-LAND. This was originally a petition for partition, begun before the clerk of Superior Court of Cumberland County, and upon the plea of sole seizin transferred to the Superior Court in term time. The matter was heard upon a case agreed as appears in the record, the pertinent facts being: James Carroll, Sr., who-owned the land in dispute, devised the same to his son, James A. Carroll, “in fee,” with the following limitation: “But if he die without heirs possessing these lands or either tract, with remainder to the heirs of J.…
1Opinion of the Court
Walker, J.,
after stating the ease: The will in question is the one considered at this term in Carroll v. Herring, post, 369, but our opinion was withheld, at the request of counsel for plaintiff in this appeal, so that we might have additional argument before deciding the question raised. We complied with the request, and after considering the briefs of counsel supplemented by an able, learned and most ingenious argument of counsel for the plaintiff, to which we listened with great interest, and also after hearing counsel of defendant in reply, we discover no reason for reversing our former…
2Cases cited12 opinions
- Edens v. . WilliamsSupreme Court of North Carolina · 1819
- Howerton v. . HendersonSupreme Court of North Carolina · 1883
- Williams v. . McCombSupreme Court of North Carolina · 1844
- Campbell v. . CraterSupreme Court of North Carolina · 1886
- Lockhart v. . LockhartSupreme Court of North Carolina · 1857
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3Cited by5 opinions
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