[Download] "Duke v. Hill" by Court of Appeals of North Carolina No. 832SC134 # Book PDF Kindle ePub Free
eBook details
- Title: Duke v. Hill
- Author : Court of Appeals of North Carolina No. 832SC134
- Release Date : January 01, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
In this partition proceeding, whether the land owned by the parties should be partitioned in kind among them according to their respective interests or whether it should be sold and the proceeds divided, was a question of fact for the court. Barber v. Barber, 195 N.C. 711, 143 S.E. 469 (1928). Since petitioners' allegation that the property could not be actually partitioned among the parties without injury to some or all the parties was denied by the respondents, the burden of establishing that a sale was necessary reposed on petitioners. Brown v. Boger, 263 N.C. 248, 139 S.E.2d 577 (1965). As the courts have stated many times, and as is both obvious and inherent in any event, whether a sale of land is or is not necessary in partition cases is determined by the circumstances, the most salient of which are usually the land itself, its nature, extent, condition and location and those that own it, their number and respective interest. According to the evidence (all presented by petitioners, the respondents choosing to remain silent for some reason), those who own the land are numerous and their interests vary from about 86% to a small fraction of 1%; whereas, the land involved, though quite varied, is for all intents and purposes even less extensive than its 42 acres indicate.