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DUKE v. HILL

No. 832SC134.

314 S.E.2d 586 (1984)

William B. DUKE and wife, Mae G. Duke, and J. Leon Hawkins and wife, Eva B. Hawkins v. Edward HILL (widower); James Hill and wife, Catherine Hill; Dupree Hill and wife, Elsie W. Hill; Mollie Hill; Sarena H. Gaynor; Riley Moore, Jr. and wife, Shirley Moore; Beatrice M. Smith (widow); Velvet Lee Ollison; Gladys M. Stilley and husband, Norman Stilley; Annie Moore; William Simon Moore III and wife, Lottie Mae Moore; Clara Hooker (widow); Jeffrey Holliday; Walter L. Holliday and wife, Jewell R. Holliday; Ruby B. Holliday (widow); Selmon Holliday, Jr.; Bernice Holliday; Anthony Holliday; and Standard Guaranty Insurance Company.

Court of Appeals of North Carolina.

May 1, 1984.

Attorney(s) appearing for the Case

Stephen A. Graves and Wilkinson & Vosburg by John A. Wilkinson, Washington, for petitioners-appellees.

Robert L. White, Greenville, for respondents-appellants.

PHILLIPS, Judge.

In this partition proceeding, whether the land owned by the parties should be partitioned in kind among them according to their respective interests or whether it should be sold and the proceeds divided, was a question of fact for the court. Barber v. Barber, 195 N.C. 711, 143 S.E. 469 (1928). Since petitioners' allegation that the property could not be actually partitioned among the parties without injury to some or all the parties was denied...

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