Supreme Court of North Carolina, 1963

Roberts v. Barlowe

Roberts v. Barlowe
Supreme Court of North Carolina · Decided September 25, 1963 · Per Curiam
132 S.E.2d 483; 260 N.C. 239; 1963 N.C. LEXIS 676 (South Eastern Reporter, Second Series)

Roberts v. Barlowe

Opinion

PeR Cubiam.

Proceedings for partition are equitable in nature, and in a suit for partition a court of equity has power to adjust all equities between the parties with respect to the property to be partitioned. A sale for partition may be ordered and the rights of the parties adjusted from the proceeds of the sale. Henson v. Henson, 236 N.C. 429, 72 S.E. 2d 873. See also 14 Am. Jur., Cotenancy, ss. 43-46, pp. 109-113; 68 C.J.S., Partition, a 136, pp. 212, 213.

Since the court below made no order affecting the distribution o-f the proceeds of the sale, the judgment directing a sale of the lands and appointing a commissioner will not be held erroneous. But the male defendant, having asserted his claims before an order of distribution was made, is entitled as a matter of right to have his claims determined before an order of distribution of the proceeds of the sale is entered. Lewis, Ex Parte, 42 N.C. 4.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.