A partition is matter of right, therefore let it be decreed : and let the Complainant have a decree for monies reported due to him ; and let commissioners be appointed to niake the partition, and return their proceedings to next term, with maps or plats of the same. A decree was entered accordingly for these purposes.
Collins v. Dickinson, 2 N.C. 275, 1 Hayw. 275 (1795)
Oct. 1795
·
North Carolina Superior Court
2 N.C. 275, 1 Hayw. 275
Collins v. Dickinson and Allen.
A partition, in a partnership concern, is matter of right, anil may he called for at any time.
Bill in Equity, stating a partnership entered into by the Complainant and Defendants in the year 1784, for the purpose of entering, securing and improving the lands in Lake Phelps, and the lands adjoining thereto, and for the purpose of draining and preparing them for cultivation. The hill states many tracts of laud secured, thelakrv drained, houses and mills built, and that the Complainant has advanced much beyond his proportion — the bill prays a partition of the lands, and that the Defendants he decreed to account for and pay to him the overplus of his disbursements.
They pleaded generally, that the purposes for which the company associated were not yet completed, and *276that such a division as that prayed for, will be ruinous to them should it take place, as each of them separately, would rmt be able to manage the business so as to derive any profit from it. The account, was referred to the Master, and he had made his report to the present term. On the plea, it was argued by Hamilton. for the Complainant., that, a partner may call for a partition whenever he thinks proper; that he is not obliged to continue his property in the joint concern longer than he is satisfied with the proceedings of the company, and that the difficulty of making a partition, or the inconveniences it will produce to any of the parties, is not of any consideration with the court. He cited 1789, c. 24, s. 1. JLnbler 236, 590. % Eq. Cas. M. 629, 630. 1 L. Bay 536. Hob. 179. 16 Pin. M. 219, 240, 221. 2 Ch. Cas' 237.-On the other side were cited, Watsonss Law of Partn, 398, 399. Moll. 460. Lex Merc. SI- And it was insisted there must be the consent of all to dissolve a partnership. if one wishes to withdraw before the expiration of the time appointed for the company’s continuance; ajid that when a partner does withdraw that should be done bona fide, not where it may occasion a damage to the partner ship, as it would do in the present case; nor should it be done with any sinister view.