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BATTS v. GAYLORD

No. 29.

116 S.E.2d 424 (1960)

253 N.C. 181

Rebecca Gaylord BATTS and husband, Leslie Davis Batts, and Diane Gaylord Somerville, a minor, and her husband, Don Somerville, and Judith Ann Gaylord, a minor, said minors appearing by their Next Friend, Isa G. Johnston, v. Beulah W. GAYLORD and William Timothy Gaylord, a minor, by his guardian ad litem Beulah W. Gaylord.

Supreme Court of North Carolina.

October 12, 1960.

Attorney(s) appearing for the Case

Bailey & Bailey, Plymouth, for petitioners, appellants.

Norman & Rodman, Plymouth, for respondents, appellees.

HIGGINS, Justice.

This proceeding originated before the clerk superior court under the provisions of Chapter 46 of the General Statutes. The petition alleges and the answer admits the four children of W. V. Gaylord are his heirs at law and that Beulah W. Gaylord is his widow, entitled to dower in the described lands. The children as tenants in common are entitled to have the lands partitioned; that actual partition cannot be had without injury to some of the shares...

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