Squires v. Riggs, 3 N.C. 150, 2 Hayw. 150 (1801)

Oct. 1801 · North Carolina Superior Court

3 N.C. 150, 2 Hayw. 150

Squires vs. Riggs.

TJ'JECTMENT. Defendant disclaimed part having been per-» mi tied to plead after a judgment by default set aside ; and having entered a disclaimer last term after plaintiff had left court. Stanley moved for a writ of possession, and that the defendant anight pay costs. ■ •

Per curiam,

Tjailor, Judge.

When there is a disclaimer entered, the plaintiff may take out a writ o-f possession of course; as to the part defended for and not disclaimed* you may proceed to try. Also if you sue for a moiety you may recover a third¿ or if for two moieties. under different devises you. may recover;two thirds, ’