¶1 The verdict of the Jury is, that th© lands cannot be divided without great injury to the petitioners, and that a sale would be greatly to their interest. This brings the case completely within the act of 1812, ch. 25, which authorises the Court to make an order of sale in all cases where an actual partition cannot be made without injury to some one, or all, of the parties interested. That the lands in Orange have been divided, makes no change in the power of the Court as to those now in question.
7 N.C. 207
Strudwick v. . Ashe
Supreme Court of North Carolina
Decided May 5, 1819
Supreme Court of North Carolina · decided 1819-05-05
1 V. From New-Hanover. j This was a petition filed in the Court of Equity for New-Hanover County, under the act of 1812, ch. 25, which gives to the Courts of Equity power to decree the sale of lands, where it shall, appear that an actual partition cannot be made without injury to some, or all, of the parties interested. Samuel Strudwick, the elder, died in July, 1810, seised of real estates situate in the counties of Orange and New-Hanover.
Cited by 1 later decisions — most recently November 1989
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1819-05-05
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