Roberts v. Barlowe

Supreme Court of North Carolina

Decided September 25, 1963

Supreme Court of North Carolina · decided 1963-09-25

Key passage — most relied on by later courts

“'has power to adjust all equities between the parties with respect to the property to be partitioned[,]'”

quoted by 1 later decision, including 264 N.C. App. 597 - Tarr v. Zalaznik

“before an order of distribution was made.”

quoted by 1 later decision, including 264 N.C. App. 597 - Tarr v. Zalaznik

Relies on Henson v. Henson · Ex Parte Heirs at Law of Lewis

Good law ✅— No negative treatment on recordhow we know

Decided 1963-09-25

How this case has been cited

Cited by 11 later decisions — most recently March 2019

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PeR Cubiam.

¶1 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.

¶2 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.

¶3 Affirmed.