Roughton v. Duncan

Decided September 10, 1919

Supreme Court of North Carolina · decided 1919-09-10

Appeal by plaintiff from Devin, J., at August Term, 1919, of TYRRELL. Tbis action was instituted, on tbe 27tb day of June, 1916, to bave a sale for partition of tbe lands described in tbe complaint and to compel an accounting by tbe defendant of tbe timber cut from tbe said lands. The plaintiff alleged that be was tbe owner of three-fifths undivided interest in tbe said lands, and that tbe defendant was tbe owner of the remaining two-fifths interest.

Decided 1919-09-10

AlleN, J.

¶1Tbe case of McNair v. Pope, 104 N. C., 351, is decisive against tbe plaintiff on botb questions presented by tbe appeal.

¶2In that case tbe action was commenced in 1885 to establish a parol *7trust, and pending the action a receiver was appointed, who collected certain rents and profits from tlie land, which he held" subject to the order of the court, and A. and ~W. McQueen were allowed to intervene for the purpose of claiming the rents and profits against .both parties to the action under an agricultural lien executed in 1886, and it was held that “His Honor very properly allowed A. and "W. McQueen, the agricultural lienees, to intervene and assert their alleged rights in the fund held by the receiver,” and that it was clear “that the lienees are entitled to be paid for any advances, etc.”

¶3Affirmed.