Meyers v. . Rice
Supreme Court of North Carolina
This was a motion heard at Spring Term, 1890, of Bebtie Superior Court, by Armfteld, J., in the special proceeding for an execution (in effect a venditioni exponas) to sell the land specified therein, based upon the following statement of facts agreed upon by the parties and submitted to the Court for its judgment thereon: 1. J. H. Herring died in Bertie County, in 1881, seized in fee of the following land in that county: The Nichols tract, in Mitchell’s Township, adjoining…
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This was a motion heard at Spring Term, 1890, of Bebtie Superior Court, by Armfteld, J., in the special proceeding for an execution (in effect a venditioni exponas) to sell the land specified therein, based upon the following statement of facts agreed upon by the parties and submitted to the Court for its judgment thereon: 1. J. H. Herring died in Bertie County, in 1881, seized in fee of the following land in that county: The Nichols tract, in Mitchell’s Township, adjoining the lands of Mills Eure, Joseph Willoughby and others, containing one hundred and thirty acres, more or less. Also the…
1Opinion of the CourtMerrimon, C. J.
(after stating facts): The Statute {The Code, §§ 1892, 1900) prescribes how real estate may be parti tioned among persons claiming the same as tenants in common, and it is, among other things, provided that commissioners for the purpose shall “ meet on the premises and partition the same among the tenants in common, according to their respective rights and interest therein by dividing the land into equal shares in point of value, or as nearly so as possible, and for this purpose they are empowered to subdivide the more valuable tracts as they may deem best, and to charge the more valuable…
2Cases cited6 opinions
- Burton v. . Spiers and ClarkSupreme Court of North Carolina · 1885
- Cannon v. . ParkerSupreme Court of North Carolina · 1879
- Halyburton v. . Greenlee and FlemmingSupreme Court of North Carolina · 1875
- State Ex Rel. Titman v. RhyneSupreme Court of North Carolina · 1883
- Waring v. . WadsworthSupreme Court of North Carolina · 1879
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