Opinion
(Filed 7 October, 1902.)
APPEAL — Case on Appeal — Statement of Facts — New Trial.
Where a case on appeal does not contain a sufficient statement of facts to enable the Supreme Court to make a decision, it will be remanded for a new trial.
ACTION by William Arnold and others against W. D. Dennis and others, heard by Judge W. S. O'B. Robinson and a jury, at November Term, 1901, of HARNETT. From a judgment for the defendants the plaintiffs appealed.
Murchison Johnson for the plaintiffs.
Stewart Godwin for the defendants.
In this case, made up by the counsel, we are unable to make a decision, for want of a sufficient statement of the facts. The plaintiffs allege a tenancy in common with the defendants, and pray for a sale for partition. The defendants plead sole seizin. There is no evidence sent up, and the statement of the case fails to state in what relation the parties stand to each other, or to the testator, or to the devisee, Nancy E. Thomas, named in the seventh item of the will, the construction of which seems to have been the object of the appeal. The case must be remanded for a fuller statement of the facts to be brought out on a new trial.
New trial.
(115)