Hinnant v. . Wilder

Citations

• 29 S.E. 221
• 122 N.C. 149
• 1898 N.C. LEXIS 212

Syllabus

<p>Action to Recover Land — Partition—Costs—Charge Upon Land — Sale for Lon-Payment — Homestead.</p> <p>1. The costs in proceedings for partition (including the expenses of the partition) are charges upon the several shares in proportion to their respective values.</p> <p>2. In an ex parte, pi'oceeding for the partition of lands, partition was duly-made and one part was assigned in severalty to A. The decree ordered the costs to be paid by the partitioners in equal proportions. A failed to pay the amount adjudged against him and the share allotted to her was sold on execution issued on the judgment. No homestead was allotted to A, who had no other land, and her interest was not worth 81,000. Held, in an action by the heirs of A against the purchaser at the execution sale, that the sale was valid.</p>