Jones v. Sherrard
Supreme Court of North Carolina
Burnet Bryan, Simpson Bryan, Epsey Bryan, Zilpha Bryan, Sally Bryan, William Bryan, and Margaret, then the wife of Miles Radford, were the children and heirs at law of Robert Bryan, deceased ; from whom descended to them a tract.of land situate in Wayne County.
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Burnet Bryan, Simpson Bryan, Epsey Bryan, Zilpha Bryan, Sally Bryan, William Bryan, and Margaret, then the wife of Miles Radford, were the children and heirs at law of Robert Bryan, deceased ; from whom descended to them a tract.of land situate in Wayne County. In. 1824, upon the petition of the parties, partition of the land was made between them by a decree of the County Court; and thereby the dividend alloted to Radford and wife was charged with the payment of several sums óf money to some of the other parties for equality of partition: that is to say, to Sally $101; to Williiam $146 ; and…
1Opinion of the Court
Rupfin, Chief Justice,
after having stated the case as above, proceeded as follows : The principal questions discussed in this case are, whether the money to be paid to the owner of a dividend of inferior value, upon partition, is the personal debt of the owner of the more valuable dividend, or is an encumbrance fixed on the land, and on the land alone ? And if the latter, whether the land is yet primarily liable, notwithstanding the events subsequent to the partition ?
The opinion delivered as that of the majority of the Court in the case of Wynne v. Tunstall, 1 Dev. Eq. R. 23— however…
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