By
This is evidence of a partition, and that the third lot was assigned to the widow.
Verdict accordingly.
Slade v. Green, 1 N.C. 111, 1 Tay. 111 (1799)
March 1799
·
North Carolina Superior Court
1 N.C. 111, 1 Tay. 111
Slade versus Green.
EJECTMENT. The devisor gave three lots to his wife and two children, equally to be divided : one of the children died after the death of the devisor, whereby his third descended to the surviving child, who sold two of the lots. The third was left unsold a considerable time.
Slade for the Plaintiff.
Woods for the Defendant.
If one entitled to two thirds of three lots, sells two lots, the sale is evidence of a partition.