WEST v. WEST

No. 178.

127 S.E.2d 531 (1962)

257 N.C. 760

Ennis WEST v. Addie WEST and wife, Willie Jones West; Mamie West Johnson and husband, H. P. Johnson; Beulah West Wilson and husband, O. T. Wilson; Alton West and wife, Wilma West; Dollie Mae Lee and husband, B. F. Lee; Frank West and wife,_______; Iskey West Hargrove, E. A. West and G. A. West, widow of A. B. West, Deceased.

Supreme Court of North Carolina.

October 10, 1962.


Attorney(s) appearing for the Case

David J. Turlington, Jr., Clinton, for plaintiff and defendants E. A. West, Alton West, Addie West and Frank West, appellants.

Woodrow H. Peterson, Clinton, for defendants other than E. A. West, Alton West, Addie West and Frank West, appellees.


SHARP, Justice.

The question involved on this appeal is stated identically in the brief of both the appellants and the appellees: "Did his Honor err in concluding and adjudging that the partition which had been made among the various tenants in common was just and fair and subsequently ruling and adjudging that the Report of Commissioners be confirmed?"

Where an actual partition of lands has been ordered, whether the division made by the commissioners was...

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