North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 69Nichols & Gorman, book and job printers, 1873 - Law reports, digests, etc Cases argued and determined in the Supreme Court of North Carolina. |
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Page 3
... husband . This was a CIVIL ACTION for one - fifth part of a tract of land tried at the last term of the Superior Court of the county of MECKLENBURG , before his Honor Logan , J. The plaintiff had a verdict and judgment , and the ...
... husband . This was a CIVIL ACTION for one - fifth part of a tract of land tried at the last term of the Superior Court of the county of MECKLENBURG , before his Honor Logan , J. The plaintiff had a verdict and judgment , and the ...
Page 67
... husband , has a right to have the mortgaged land exonerated from the mortgage debts , but as against his other creditors she has no such right . As to them , she has only the right to have the two - thirds of the land not embraced in ...
... husband , has a right to have the mortgaged land exonerated from the mortgage debts , but as against his other creditors she has no such right . As to them , she has only the right to have the two - thirds of the land not embraced in ...
Page 68
... husband , which is a charge upon the land , paid out of the personal estate , it being the primary fund for the payment of debts . So a widow as against the divisees or heirs has an equity for exoneration . Carson v . Cowper , 63 N. C. ...
... husband , which is a charge upon the land , paid out of the personal estate , it being the primary fund for the payment of debts . So a widow as against the divisees or heirs has an equity for exoneration . Carson v . Cowper , 63 N. C. ...
Page 69
... husband . But for the mortgage on the land to secure the debt due to Roberts , the right of dower has priority over creditors in respect to the real estate . Suppose the widow relieves the land from this incumbrance , and take an ...
... husband . But for the mortgage on the land to secure the debt due to Roberts , the right of dower has priority over creditors in respect to the real estate . Suppose the widow relieves the land from this incumbrance , and take an ...
Page 98
... husband obtain from his wife a provision in his favor much more beneficial to him than that which was stipulated for him in an antenuptial marriage settlement , it comes within the principle applicable to other intimate fidu- ciary ...
... husband obtain from his wife a provision in his favor much more beneficial to him than that which was stipulated for him in an antenuptial marriage settlement , it comes within the principle applicable to other intimate fidu- ciary ...
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Common terms and phrases
Adm'r administrator affidavit alleged allowed amount appointed attorney Bank Bledsoe bond chap charge cited and approved CIVIL ACTION claim clerk complaint Constitution contract cotton counsel Court of Equity creditors Cumberland county CURIAM Davis debt debtor deceased deed defendant defendant appealed defendant's deposit Dumas entitled equity error evidence Ex'r execution executor facts fee simple ferry fraud guardian heirs homestead Honor husband indictment interest intestate Ired issue John John Neagle Jones Judge Judgment affirmed jurisdiction jury LINEBERGER marriage Martin ment misjoinder motion N. C. Rep Neagle tract NEUSE RIVER Nixon objection opinion paid parties payment person Pipkin plaintiff plea pleadings possession prisoner proceeding purchase question received recover reference refused sell sheriff sold Spring Term statute suit Superior Court Supreme Court sureties testator tion tract of land trial trustee verdict wards water power wife witness
Popular passages
Page 333 - The plaintiff may unite in the same complaint several causes of action whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1. The same transaction, or transactions connected with the same subject of action.
Page 502 - The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Page 500 - Laws shall be passed, taxing, by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise ; and also all real and personal property, according to its true value in money...
Page 466 - ... but no suit at law or in equity shall in any case be maintainable by or against such assignee...
Page 459 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...
Page 506 - The attempt to use it on the means employed by the government of the Union in pursuance of the constitution is itself an abuse, because it is the usurpation of a power which the people of a single state cannot give.
Page 237 - In this state of discrepancy between the decided cases we think it is, at all events, a safe rule to adopt, that where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subject-matter of the contract that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in snch case the contract is avoided altogether, and the purchaser is not bound to resort to the clause...
Page 44 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
Page 506 - ... they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent on the states.
Page 466 - ... no suit at law or in equity shall, in any case, be maintainable by or against such assignee, or by or against any person claiming an adverse interest, touching the property and rights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years after the declaration and decree of bankruptcy, or after the cause of suit shall first have accrued.