Collett v. . Henderson

80 N.C. 337

• Court: Supreme Court of North Carolina
• Decided: January 5, 1879
• Status: Published

Opinion

Smith, C. J.

The judgment for partition among the several tenants of land held by them in common directs the-commissioners, when any of them have caused valuable improvements to be put on portions of the land, to assess their value as if no such improvements had been made .and to allot the parts improved to those who had made them. In this we find no error. It would be unjust and inequitable in the others to take the common property enhanced in- value by the expenditures of one of them without making him compensation, and he would be entitled to an account. The same result is reached without the expense and delay •of a reference, by allotting to such the improved parts, valued without regard to the improvements. Such is the judgment in this case and it has the sanction of the ruling in Pope v. Whitehead, 68 N. C, 191.

As no statement of the case accompanies the transcript and no errors are assigned by the appellant, or are apparent in the record, according to the settled practice in this court the judgment must be affirmed, and it is so ordered.

No error. , Affirmed.