suit of one violation (North Carolina) · Go Syfert
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suit of one violation in North Carolina

6 North Carolina opinions name it 2 courts 1930–2017 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Kayann Properties, Inc. v. Coxgreen
nc · 1966 · cited in 3 North Carolina opinions naming this issue, 1993–2017
2 sentences

2017Kayann Props. , 268 N.C. at 20 , 149 S.E.2d at 557 (internal citations and quotation marks omitted).

2017Kayann Props. , 268 N.C. at 20 , 149 S.E.2d at 557 (internal citations and quotation marks omitted).

23

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Chadwick v. . Blades green
nc · 1936
2 sentences

2010Thus, it has been said that “[ejquity will not award partition at the suit of one in violation of his own agreement, or in violation of a condition or restriction imposed on the estate by one through whom he claims.” Id. (internal quotation marks omitted).

1975“Equity will not award partition at the suit of one in violation of his own agreement, or in violation of a condition or restriction imposed on the estate by one through whom he claims.” Chadwick v. Blades, 210 N.C. 609, 612 , 188 S.E. 198 (1936).

31966–2010
Hill v. Reno green
ill · 1883
1 sentence

1930Ency. of Law, 2 ed., 1158; Hill v. Reno, 112 Ill., 154 ; Ingraham v. Mariner, 194 ibid., 269; Brown v. Brown, 43 Ind., 474 ; Hunt v. Wright, 47 N. H., 396); nor is such a condition or re- *448 strictiou in tbe instrument conveying tbe estate invalid as repugnant to tbe estate granted, or as against public policy.

11930–1930
Drake v. Merkle neutral
ill · 1894
1 sentence

1930Speaking to the subject in Dee v. Dee, 212 Ill., 338 , Scott, J., delivering the opinion of the Court, said: “The general rule is that an adult tenant in common may demand partition as a matter of right (Martin v. Martin, 170 Ill., 639 ); and the fact that he is a remainderman and that the particular estate has not expired is not a valid objection (Drake v. Merkle, 153 Ill., 318 ); hut equity will not award partition at the suit of one in violation of his own agreement or in violation of a condition or restriction imposed upon the estate by one through whom he claims (21 Am. & Eng.

11930–1930
Martin v. Martin neutral
ill · 1897
1 sentence

1930Speaking to the subject in Dee v. Dee, 212 Ill., 338 , Scott, J., delivering the opinion of the Court, said: “The general rule is that an adult tenant in common may demand partition as a matter of right (Martin v. Martin, 170 Ill., 639 ); and the fact that he is a remainderman and that the particular estate has not expired is not a valid objection (Drake v. Merkle, 153 Ill., 318 ); hut equity will not award partition at the suit of one in violation of his own agreement or in violation of a condition or restriction imposed upon the estate by one through whom he claims (21 Am. & Eng.

11930–1930
Dee v. Dee green
ill · 1904
1 sentence

1930Speaking to the subject in Dee v. Dee, 212 Ill., 338 , Scott, J., delivering the opinion of the Court, said: “The general rule is that an adult tenant in common may demand partition as a matter of right (Martin v. Martin, 170 Ill., 639 ); and the fact that he is a remainderman and that the particular estate has not expired is not a valid objection (Drake v. Merkle, 153 Ill., 318 ); hut equity will not award partition at the suit of one in violation of his own agreement or in violation of a condition or restriction imposed upon the estate by one through whom he claims (21 Am. & Eng.

11930–1930
Brown v. Brown neutral
ind · 1873
1 sentence

1930Ency. of Law, 2 ed., 1158; Hill v. Reno, 112 Ill., 154 ; Ingraham v. Mariner, 194 ibid., 269; Brown v. Brown, 43 Ind., 474 ; Hunt v. Wright, 47 N. H., 396); nor is such a condition or re- *448 strictiou in tbe instrument conveying tbe estate invalid as repugnant to tbe estate granted, or as against public policy.

11930–1930

Where else courts name it

IL 6 (1901–1924) NC 6 (1930–2017) NY 5 (1915–1985) NE 4 (1897–1915) TX 2 (1971–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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