SEAWELL v. SEAWELL

No. 593.

65 S.E.2d 369 (1951)

233 N.C. 735

SEAWELL v. SEAWELL et al.

Supreme Court of North Carolina.

June 7, 1951.


Attorney(s) appearing for the Case

James H. Pou Bailey, Raleigh, for plaintiff appellant.

Seawell & Seawell, Carthage, for defendant appellees.


BARNHILL, Justice.

A tenant in common is entitled, as a matter of right, to a partition of the land to the end that he may have and enjoy his share therein in severalty, unless it is made to appear that an actual partition cannot be had without injury to some or all of the interested parties. G.S. § 46-22; Hyman v. Edwards, 217 N.C. 342, 7 S.E.2d 700; Talley v. Murchison, 212 N.C. 205, 193 S.E. 148; Foster v. Williams, 182 N.C. 632, 109 S.E. 834.

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