SMITH v. SMITH

No. 168.

102 S.E.2d 868 (1958)

248 N.C. 194

Helen W. SMITH v. John B. SMITH and Minnie M. Smith.

Supreme Court of North Carolina.

April 9, 1958.


Attorney(s) appearing for the Case

Max L. Childers, Mt. Holly, for petitioner, appellant.

Ernest R. Warren, Julius T. Sanders, Gastonia, for defendants, appellees.


HIGGINS, Justice.

The petitioner initiated this special proceeding for the purpose of having a described parcel of land sold for partition between her and the respondent, John B. Smith, alleged to be tenants in common, "subject to the life estate in the four-room house and lot * * * which life estate belongs to Minnie M. Smith."

The respondents, by answer, denied the tenancy in common and alleged the petitioner had no interest in the land which descended to...

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