Luther v. . Luther
Supreme Court of North Carolina
Appeal from Lane, J., at September Term, 1911, of BuNCOMBE. This is a proceeding by R. L. Luther and S. J. Luther against.
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Appeal from Lane, J., at September Term, 1911, of BuNCOMBE. This is a proceeding by R. L. Luther and S. J. Luther against. D. P. Luther and wife, Ida Luther, tO' have partition of two tracts of land, particularly described in the petition. • The petitioners allege that R. L. Luther and S. J. Luther are owners of two undivided one-sixth interest in said lands, each being entitled to one-sixth thereof, and that the defendant D. P. Luther is the owner of an undivided one-sixth interest therein, and that he and his wife, the defendant Ida Luther, are, as between themselves, joint tenants of an…
1Opinion of the CourtAlleN, J.
The authorities seem to agree that tenants in common cannot, as a matter of right, have partial partition of the lands owned by them, and that when only a part of the land is described in the petition the defendant may allege that there are other lands owned in common and have them included in the order of partition. 30 Cyc., 177; Brown v. Lynch, 21 Am. St., 473; Bigelow v. Littlefield, Am. Dec., 484.
In the last case cited, the Court says: “One tenant in common cannot enforce partition of part only of the common estate. Such a course would lead to fraud and oppression.
If a different…
2Cases cited3 opinions
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- Simpson v. . WallaceSupreme Court of North Carolina · 1880
- Brooks v. . AustinSupreme Court of North Carolina · 1886
3Cited by6 opinions
- Baggett v. . JacksonSupreme Court of North Carolina · 1912
- Simpson-Fell Oil Co. v. Stanolind Oil & Gas Co.Texas Supreme Court · 1939
- Coats v. WilliamsSupreme Court of North Carolina · 1964
- Howell v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1923
- Horne v. HorneSupreme Court of North Carolina · 1964
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