Godwin v. . Early

Citations

• 18 S.E. 973
• 114 N.C. 11

Syllabus

<p>Petition for Partition, requisites of — Amendment—Practice.</p> <p>1. While a petition for partition of land is defective which does not set forth that the petitioners are tenants in common and in possession (the general rale being that possession of one tenant in common is the possession of all), yet the omission of such allegation does not deprive the Clerk of jurisdiction, but constitutes simply a defective statement of a cause of action.</p> <p>2. A Clerk having jurisdiction of a petition for partition, the transfer thereof to term for trial of issues raised by the pleadings transferred the jurisdiction to the Judge, and his denial of a motion for leave to amend the petition upon the ground that he had no power to grant it was error.</p>