McGill v. . Buie

Citations

• 11 S.E. 284
• 106 N.C. 242

Syllabus

<p>Petition for Partition — Necessary Allegations — Demurrer—Possession of Tenant in Common.</p> <p>1. Where a petition for partition of land alleged that the petitioners and the defendant are tenants in common, and that the defendant is in possession, claiming title to one share, a demurrer upon the ground that the petition “ does not allege that the petitioners are in possession of the land, and only alleges that they are entitled to have possession,” will be overruled.</p> <p>2. Where there is no actual ouster, the possession of one tenant in com•mon is the possession of all tenants in common, and this continues to be so until, from the lapse of time, the sole possession becomes evidence of title to the sole enjoyment.</p> <p>3. A petition for a sale for partition need only allege that the petitioners and defendant are tenants in common and in possession of the land, and the necessity of a sale for partition. The Court will treat allegations in regard to the relationship of the parties intended to show from and through whom title to the land was derived, &c., as useless and unnecessary.</p>