Roberts v. Barlowe
This text of 132 S.E.2d 483 (Roberts v. Barlowe) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Proceedings for partition are equitable in nature, and in a suit for partition a court of equity has power to adjust all equities between the parties with respect to the property to be partitioned. A sale for partition may be ordered and the rights of the parties adjusted from the proceeds of the sale. Henson v. Henson, 236 N.C. 429, 72 S.E. 2d 873. See also 14 Am. Jur., Cotenancy, ss. 43-46, pp. 109-113; 68 C.J.S., Partition, a 136, pp. 212, 213.
Since the court below made no order affecting the distribution o-f the proceeds of the sale, the judgment directing a sale of the lands and appointing a commissioner will not be held erroneous. But the male defendant, having asserted his claims before an order of distribution was made, is entitled as a matter of right to have his claims determined before an order of distribution of the proceeds of the sale is entered. Lewis, Ex Parte, 42 N.C. 4.
Affirmed.
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Cite This Page — Counsel Stack
132 S.E.2d 483, 260 N.C. 239, 1963 N.C. LEXIS 676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-barlowe-nc-1963.