Reports of Cases in Equity Argued and Deternined [sic] in the Supreme Court of North Carolina: From December Term, 1853, to [June Term, 1863], Both Inclusive, Volume 6S. Gales, 1863 - Equity |
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Page 3
... give the plaintiff , Myers , notice of the proceeding in this cause , as it was his duty to employ counsel . Plaintiff's counsel insisted , that although the judgment , by default and enquiry , was an office judgment , the final judg ...
... give the plaintiff , Myers , notice of the proceeding in this cause , as it was his duty to employ counsel . Plaintiff's counsel insisted , that although the judgment , by default and enquiry , was an office judgment , the final judg ...
Page 6
... give or convey any part of the same to her relations , and shall have full power by these pre- sents , by will or otherwise , to dispose of the whole of the same to her friends and relations at her death : Provided , nevertheless , that ...
... give or convey any part of the same to her relations , and shall have full power by these pre- sents , by will or otherwise , to dispose of the whole of the same to her friends and relations at her death : Provided , nevertheless , that ...
Page 9
... give an estate to the wife for life in all of the estate belonging to her before the marriage , with full power to dispose of it by giving it to her relations or friends , unless there should be issue of the marri- age ; in which event ...
... give an estate to the wife for life in all of the estate belonging to her before the marriage , with full power to dispose of it by giving it to her relations or friends , unless there should be issue of the marri- age ; in which event ...
Page 10
... give the wife power , notwithstanding her marriage , to provide for " her kin - folks . " 2. As Moore had power to receive and accept satisfaction for , or release his wife's equity , a presumption arises from the lapse of time during ...
... give the wife power , notwithstanding her marriage , to provide for " her kin - folks . " 2. As Moore had power to receive and accept satisfaction for , or release his wife's equity , a presumption arises from the lapse of time during ...
Page 11
... give the plaintiff an opportunity to amend his bill , and aver the fact distinctly , if it is so , and present the question whether ignorance of the right will prevent the presumption . It was also said , on the argument , that the ...
... give the plaintiff an opportunity to amend his bill , and aver the fact distinctly , if it is so , and present the question whether ignorance of the right will prevent the presumption . It was also said , on the argument , that the ...
Common terms and phrases
ademption administrator Alexander Gray alleged amount answer appear avers bequeathed bequest bill is filed bond CAUSE removed cause was set charge claim clause codicil contract conveyance conveyed counsel Court by consent Court of Equity coverture creditors CURIAM death debts due declared Decree accordingly deed of trust defendant demurrer Dickson dollars entitled execution executor fact fee simple fendant firm fraud fund give given ground hands heirs held Henry Slade husband injunction intended interest intestate John Jones judgment legatee life-estate marriage Martin county ment Merritt Moore negroes paid parties payment pecuniary legacies personal estate plaintiff pleadings principle proofs purchase purchase-money purpose question Roanoke plantation Robert Dickson sell settlement shingles slaves Smith sold specific performance statute Strudwick suit surety taken testator's tion tract of land Vide Wake county Waldo Ward widow wife William Witherspoon words
Popular passages
Page 269 - Now know ye, that the UNITED STATES OF AMERICA, in consideration...
Page 188 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 128 - This tends to no mischief, and is a reasonable liberty to bestow ; but great detriment would arise, and much confusion of rights, if parties were allowed to invent new modes of holding, and enjoying real property, and to impress upon their lands and tenements a peculiar character, which should follow them into all hands, however remote.
Page 30 - ... unfettered and unlimited, in full confidence, and with the firmest persuasion that in her future disposition and distribution thereof she would distinguish the heirs of his late father by devising and bequeathing the whole of his said estate, together and entire, to such...
Page 46 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...
Page 147 - If there be neither widow nor children, nor any legal representative of the children, the estate shall be distributed equally to every of the next of kin of the intestate, who are in equal degree, and those who legally represent them.
Page 91 - W. X., his executors, administrators or assigns ; for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators, firmly by these presents.
Page 45 - The conclusion-which seems deducible from the general current of the English decisions (although most of them have arisen in bankruptcy) is, that courts of equity will set off distinct debts, where there has been a mutual credit, upon the principles of natural justice, to avoid circuity of suits, following the doctrine of compensation of the civil law to a limited extent. That law went further than ours, deeming each debt...
Page 86 - ... proved that a place of sepulture is so situated, that the burial of the dead there, will endanger life or health, either by corrupting the surrounding atmosphere, or the water of wells or springs, the court will grant its injunctive relief upon the ground that the act will be a nuisance of a kind likely to produce irreparable mischief, and one which cannot be adequately redressed by an action at law.
Page 83 - ... may bury our dead out of our sight." Whenever, then, it can be clearly proved that a place of sepulture is so situated that the burial of the dead there will injure life or health, either by corrupting the surrounding atmosphere or the water of wells or springs...