50 S.E.2d 901 | N.C. | 1948
In the partition proceeding instituted by the three feme petitioners for the division of the lands which descended to them as heirs at law of their father A. W. Gooden, deceased, they sought to exclude from a share therein their brothers, the defendants Carl and Alden Gooden, on the ground that these defendants, by conveyances to them of land without consideration by their father, had been advanced their full shares in the father's estate. Subsequently a voluntary nonsuit was entered as to defendant Carl Gooden.
The issue raised by the pleadings, and supported by the evidence offered, as to the defendant Alden Gooden was submitted to the jury and answered in favor of the plaintiffs. The jury found that the real property, described in the deed from his father should be accounted for by the defendant Alden Gooden as an advancement in the division of the estate. Judgment so determine the question thus litigated was entered by the court, and the defendant Alden Gooden appealed.
The statute, G.S.
The purpose of the statute is to produce equality among those equally entitled to property descending from a parent, in accord with the *656
presumed intention of the parent. Jerkins v. Mitchell,
In the case at bar the question litigated was whether the conveyance of 14 1/2 acres of land by A. W. Gooden to his son Alden Gooden for the recited consideration of "ten dollars and other good and valuable considerations paid" was intended as an advancement, or was a sale for a substantial consideration. This was the ground on which the contest was waged. The issue submitted followed the language of the statute. Harper v.Harper, supra. The appellant offered evidence of a book entry in the father's handwriting of "receipt of $250 on land received by Alden Gooden. Paid in full Jan. 1, '45." On the other hand the plaintiffs offered evidence of declarations by the defendant to the effect that the land was given by his father and received by the son as an advancement, and that the value of the 14 1/2 acres was $3,000 while the value of the remainder of the father's real estate, 85 acres, was worth $3,500. There was evidencecontra by the defendant. Upon the issue thus joined the verdict went against the defendant. Upon the issue thus joined the verdict went against the defendant. The triers of the facts have rendered their decision after hearing all the evidence, and we are not disposed to disturb their finding. The burden is on the appellant to show harmful error. S. v. Davis, ante, 386,
The judgment, to which defendant noted exceptions, was warranted by the verdict and the evidence offered, and seems in accord with the provisions of the statute, G.S.
In the trial we find
No error.