Statute 58-2606: Action by resident surviving partner; proceedings; judgment.
In case of the death of a partner, heretofore or hereafter, leaving
minor heirs, or in case of the adult heirs residing in the county where the
lands are, refusing to acknowledge and file a plat of such townsite, or in
case of the nonresidence of any surviving partner or of any joint owner not
a partner in such townsite, the resident surviving partner may commence an
action in the district court where the land or the greater part thereof is
situated, against such heirs or nonresident partners or joint owners, and
may join them all in one action; and if it should be made to appear to the
court that the plaintiff and said decedent in his or her lifetime by their
mutual agreement devoted such land or any part thereof to division or sale as town
or city lots, blocks or shares, for the profit of said plaintiff and said
decedent, that said decedent died without having executed the conveyance
necessary to convey his or her interest therein to the several purchasers
of lots, blocks or shares, and that a part of the defendants are heirs of such
decedents, and it not appearing that such mutual agreement was abrogated or
annulled during the lifetime of the decedent, the court shall render a
judgment stating who of said defendants are heirs of said decedent, and the
time of the death of the decedent, and adjudging that the plaintiff is
surviving partner of such decedent, and held said land as such, and as such
entitled to sell and convey all the right, title and interest of the
defendants therein.
The same proceedings shall be had in the case of nonresident joint
owners, they holding a minority of interest in said land, whether they have
agreed to the laying out and sale of said land as town lots, or not,
provided those holding a one-half or greater interest in said lands have so
agreed; and if such is made to appear to the court, the same judgment shall
be rendered as in the case of the heirs of a deceased partner or joint
owner, and the parties defendant to such proceedings may be served with
process, actually or constructively, as is prescribed in the code of civil
procedure in cases where defendants are unknown or are nonresidents.
Such judgment shall describe the lands adjudged to be conveyed; and
thereafter the deed of such plaintiff holding the title purporting to
convey all the interest of said heirs or of said deceased partner, at the
time of his or her death, or of said adult joint owner, shall be sufficient to
convey to the purchaser all the interest and title of said heirs and joint
owners; and such judgments may be recorded by the register of deeds of the
county where the lands lie, and when so recorded shall have the same force
and effect as a deed.
History: G.S. 1868, ch. 109, § 17; Oct. 31; R.S. 1923, 67-606.