Parks v. . Siler
Supreme Court of North Carolina
Partition — Tenant ly the eurtesy. Special Proceeding commenced before the Clerk of the Superior Court of Randolph County, and heard at Pall Term, 1876, of said Court, before Kerr, J. 'William Rains died in Randolph County in 1864. Pie devised bis lands by will to his wife Milly for life, remainder to America and Caroline, his daughters. America married the defendant, O. C. Siler.
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Partition — Tenant ly the eurtesy. Special Proceeding commenced before the Clerk of the Superior Court of Randolph County, and heard at Pall Term, 1876, of said Court, before Kerr, J. 'William Rains died in Randolph County in 1864. Pie devised bis lands by will to his wife Milly for life, remainder to America and Caroline, his daughters. America married the defendant, O. C. Siler. The children •by. this marriage were the other defendants, N. J. Siler, W. Siler, Martha Siler (now Brooks) and Mary Siler, a minor. America (Mrs. Siler) died in 1867. One half of the lands descended to her…
1Opinion of the CourtPeaRSON, C. J.
Tbe petition was for tbe sale of land for ffhe purpose of partition. Tbe defendants object to a sale ifor partition, on tbe ground that tbe defendant Siler is tenant iby ¡the curtesy in one undivided moiety of tbe land ; but do mat ^object to an actual partition so that eaeb moiety may be Ibeld in severalty.
His Honor was of opinion that tbe plaintiff bad no right uto an order of sale and dismissed tbe proceeding. We concern’ in this opinion. At the common law “ coparceners” anight compel partition by original writ, when tbe parceners were seized of tbe land and the one was a good "tenant to…
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