Cox v. Beaufort County Lumber Co.
Supreme Court of North Carolina
Special PboceediNg bob PaetitioN of land transferred from tbe Olerk of tbe Superior Court of Pitt County for trial, at Term, of tbe issues joined, and beard before Brown, J., at December Term, 1898. Plaintiffs claimed that they were tenants in common with defendants. Defendants claimed that they were sole owners.
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Special PboceediNg bob PaetitioN of land transferred from tbe Olerk of tbe Superior Court of Pitt County for trial, at Term, of tbe issues joined, and beard before Brown, J., at December Term, 1898. Plaintiffs claimed that they were tenants in common with defendants. Defendants claimed that they were sole owners. It was admitted that the land in controversy was owned by James Wilson at the time of his death in July, 1856. The plaintiffs claimed that James Wilson left no will and that they were entitled as heirs-at-law to share in the property. The defendants claimed that James Wilson left a…
1Opinion of the CourtFubches, J.
This proceeding was commenced before the Clerk of the Superior Court of Pitt County, for the parti tion of land, in which plaintiffs allege that they are tenants in common with the defendants. This is denied by defendants, who claim to be the sole owners of said lands. This makes it substantially an action of ejectment, and subject to the law and rules governing in the trials of such cases. Alexander v. Gibbons, 118 N. C., 796.
It is admitted that James Wilson was the owner of the lands in controversy and that both parties claim under him— the plaintiffs, by descent, as heirs-at-law of James,…
2Cases cited5 opinions
- Alexander v. . GibbonSupreme Court of North Carolina · 1896
- Mobley v. . WattsSupreme Court of North Carolina · 1887
- Blue v. . RitterSupreme Court of North Carolina · 1896
- Sikes v. . ParkerSupreme Court of North Carolina · 1886
- Charlotte Oil & Fertilizer Co. v. RippySupreme Court of North Carolina · 1898
3Cited by14 opinions
- Chisholm v. HallSupreme Court of North Carolina · 1961
- McKeel v. . HollomanSupreme Court of North Carolina · 1913
- In Re Killgore's EstateIdaho Supreme Court · 1962
- McEwan v. BrownSupreme Court of North Carolina · 1918
- Harper v. . HarperSupreme Court of North Carolina · 1908
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