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 |
From inside the book
Results 1-5 of 65
Page 7
... took out letters of administration on her estate . That General Gray never made any deed or assurance as stipulated in the marriage articles , and that his wife , the said Nancy , died in 1818 or 19 , without making any will , and ...
... took out letters of administration on her estate . That General Gray never made any deed or assurance as stipulated in the marriage articles , and that his wife , the said Nancy , died in 1818 or 19 , without making any will , and ...
Page 12
... took the slaves into his possession , and refused , on demand , to give them up , but claimed them as his own , under such conveyance , it was held that the husband was entitled to writs to restrain the defendant from removing the ...
... took the slaves into his possession , and refused , on demand , to give them up , but claimed them as his own , under such conveyance , it was held that the husband was entitled to writs to restrain the defendant from removing the ...
Page 24
... took possession according to the lines fixed upon by the arbitrators , and in that manner continued to hold until some time after the death of John Mathis , when the defendant en- tered upon the territory embraced in the figure B , A ...
... took possession according to the lines fixed upon by the arbitrators , and in that manner continued to hold until some time after the death of John Mathis , when the defendant en- tered upon the territory embraced in the figure B , A ...
Page 25
... took possession again of a parcel of the land which he had abandoned under the award , and this bill is brought to compel him to abide by the lines established , and to allow each peaceably to enjoy the part allotted to him . We do not ...
... took possession again of a parcel of the land which he had abandoned under the award , and this bill is brought to compel him to abide by the lines established , and to allow each peaceably to enjoy the part allotted to him . We do not ...
Page 27
... took an absolute interest in all the property . CAUSE removed from the Court of Equity of Halifax county . The only question in this case , arises on the construction of the will of John Alston ; the material portions of which are as ...
... took an absolute interest in all the property . CAUSE removed from the Court of Equity of Halifax county . The only question in this case , arises on the construction of the will of John Alston ; the material portions of which are as ...
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...