Boyd v. Suncrest Lumber Co.
| Citation | 117 S.E. 714,185 N.C. 559 |
| Decision Date | 08 June 1923 |
| Docket Number | 588. |
| Parties | BOYD v. SUNCREST LUMBER CO. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Haywood County; Ferguson, Judge.
Special partition proceeding by T. G. Boyd against the Suncrest Lumber Company. Decree for plaintiff, and defendant appeals. No error.
In proceedings to partition land included in the boundary described by a state grant to plaintiff's predecessor in title exempting prior grants of lands therein to others where defendant contended that the land was part of that excepted, the burden of showing the location thereof and title thereto was shifted to it, except as to so much only as plaintiff admitted defendant was entitled to.
This was a special proceeding before the clerk of the superior court of Haywood to partition 100 acres of land. The plaintiff alleged in his petition that he owned 65/72 undivided interest in the land and he admitted that the defendant owned the balance. The defendant, a corporation filed answer denying that the plaintiff owned any interest in said land and pleaded sole seizin in himself. Upon the issue of title thus being raised, the clerk transferred the case to civil issue docket.
The case coming on to be tried, the jury found that the plaintiff and defendant were tenants in common of the land, and that the plaintiff owns 65/72 interest therein and the defendant owns 7/72 therein. Appeal by defendant.
Merrimon Adams & Johnston, of Asheville, and Morgan & Ward, of Waynesville, for appellant.
W. J Hannah and W. R. Francis, both of Waynesville, for appellee.
The plaintiff introduced a state grant to John G. Blount dated November 29, 1796, for 176,000 acres of land, describing the outside boundary therein, but exempting from the said grant four grants within said boundaries to John Hightower and others containing 3,080 acres which had been issued to them before the grant to Blount.
The plaintiff then introduced a chain of mesne conveyance from Blount to Love, and then the will of Love whereby he devised his "speculation lands" (these lands) to be sold and appointed executors with powers to sell and convey the same. After all the executors were dead, the court appointed R. D. Gilmer trustee and administrator de bonis non with the will annexed, who exercised the same power the executors had possessed to sell and convey said land for about 20 years, under the order of the court when he resign...
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