58-2605. Heirs of deceased partner to join with surviving partners in filing plat; action to compel heirs to execute deeds or plats.
58-2605
58-2605. Heirs of deceased partner to join with surviving partners infiling plat; action to compel heirs to execute deeds or plats.If no map or plat of such land has been made and acknowledged by thedeceased partner agreeably to law, his or her heirs shall join with thesurviving partner or partners in acknowledging and filing such plat; and suchacknowledgment shall have the same force and effect as if done by suchdeceased partner in his or her lifetime: Provided, That such heirs shallnot be required to pay any part of the expense of preparing such deeds orplats, or of the officer's fees for taking the acknowledgments thereof. Ifthe heirs shall refuse or neglect so to execute, acknowledge and deliversuch deeds or plat, the district court, in an action duly prosecuted in theproper county by the surviving partner or partners against such heirs,shall compel the execution, acknowledgment and delivery thereof.
History: G.S. 1868, ch. 109, § 16; Oct. 31; R.S. 1923, 67-605.