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COATS v. WILLIAMS

No. 530.

136 S.E.2d 113 (1964)

261 N.C. 692

Lillie L. COATS, Widow, et al. v. Peggy L. WILLIAMS, Minor, and husband, Marvin Williams, Christine L. Byrd, Minor, and husband, Bobby Byrd, David Bruce Langdon, a Minor, and Bobby Ray Langdon, Minor.

Supreme Court of North Carolina.

April 29, 1964.

Attorney(s) appearing for the Case

E. V. Wilkins, Smithfield, for petitioner appellants.

Lyon & Lyon, Smithfield, for respondent appellees.

BOBBITT, Justice.

"General rules of pleading as to demurrers ordinarily apply as to the grounds for demurrer to a bill, complaint, or petition for partition." 68 C.J.S. Partition § 97b; 40 Am.Jur., Partition § 71; McIntosh, N.C. Practice and Procedure, § 910(2).

The facts alleged in the petition disclose: Subject to the widow's right of dower, each of the nine children acquired an undivided...

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