60 S.E. 423 | N.C. | 1908
This was a special proceeding for partition. The defendant pleaded sole seizin, and the cause was transferred to the Superior Court at term for trial. John Cox died, in 1853, owner of the land in controversy, which descended to his five children as heirs at law. The land consisted of nine tracts, mostly woodland, there being some clearing on two tracts only. W. C. Mercer, who was the husband of one of the heirs, entered into possession and qualified as administrator. There was evidence that he entered in right of his wife, and also that he rented out the land as administrator, though strictly legally this must be construed as an agency for the heirs at law. In 1868, in 1874, in 1882, and in 1883 said Mercer bought successively the shares of four of the heirs at law, who had increased in numbers, taking deeds therefor, thus recognizing the cotenancy. His possession up to 1883 was therefore the possession of his cotenants. Bullin v. Hancock,
No error. *385