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Henderson v. . Wallace .
72 N.C. 451
N.C.
1875
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It seems clear that as Jane McCoombs was not a party to the bill in equity for the partition of the lands through a sale, she was in no ways affected by any decree or proceedings in it, and that therefore she is not at liberty to bring an action in the nature of a bill of review, to vacate the decree. Her estate in the lands remains as it was before any decree for sale. She stills owns one-seventh of the lands, and may enter into possession along with her co-tenants, or have any process which a co-tenant is entitled to, for partition.

Probably also the Court, on her motion, would allow the original bill for partition to be amended by making her a party. What the effect of such an amendment might be on her interests, we are not called on to say.

The present action cannot be maintained.

PER CURIAM. Action dismissed. *Page 452

Case Details

Case Name: Henderson v. . Wallace .
Court Name: Supreme Court of North Carolina
Date Published: Jan 5, 1875
Citation: 72 N.C. 451
Court Abbreviation: N.C.
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