Little v. . Buie

Supreme Court of North Carolina
Little v. . Buie, 58 N.C. 10 (N.C. 1859)
MaNly

Little v. . Buie

Opinion of the Court

*11 MáNly, J.

It is clear, upon the authority of the case of McMichal v. Moore, 3 Jones’ Eq. Rep. 471, that the father, upon the death of his son, took his entire interest in the land, in question, and the half sisters, not being of the blood of the transmitting ancestor took nothing. In making, therefore, the sisters parties complainant, there has been a misjoinder, for which defendants may demur. (See Story’s Eq. Pl. S. 544, and the cases there cited.)

The order below is affirmed, the demurrer is sustained, and the bill dismissed without prejudice, but at the plaintiffs’ costs.

Pee, Cueiam, ■ Decree accordingly.

Reference

Full Case Name
DANIEL LITTLE AND OTHERS Against ARCHIBALD BUIE AND OTHERS
Cited By
2 cases
Status
Published