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, Հատոր 4S. Gales, 1859 |
Common terms and phrases
amount answer appeal assignment bank Benbury benefit bequeathed bill alleges bill is filed bond CAUSE removed child claim clause contract conveyance conveyed Court of Equity creditors CURIAM daugh daughter David Justice death debt debtor declared Decree accordingly deed of trust defendant demurrer died entitled execution executor fact fee simple fendant fieri facias fund gift give given heirs held husband Ingram injunction insists insolvent intention interest intestacy intestate John John McNeil Jones Joseph Pickett judgment Justice legacy legatees Mary matter ment mortgage negroes nulla bona paid parties payment plaintiff possession prays principal proofs purchase purpose question relief remainderman residue respect resulting trust sell share Simmons slaves sold Spruill statute Stephen Sparks suit surety testator's thereof Thomas tiff tion took tract of land wife William
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Էջ 195 - 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.
Էջ 94 - And it seems to me, that, before any court of equity should allow such amended answers, it should be perfectly satisfied, that the reasons assigned for the application are cogent and satisfactory ; that the mistakes to be corrected, or the facts to be added, are made highly probable, if not certain ; that they are material to the merits of the case in controversy ; that the party has not been guilty of gross negligence ; and that the mistakes have boon ascertained, and the new facts have come to...
Էջ 195 - And be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
Էջ 42 - ... the conduct of the party benefited must be such as to sever the connection, and to place him in the same circumstances in which a mere stranger would have stood, giving him no advantage, save only whatever kindness or favour may have arisen out of the connection...
Էջ 52 - Upon similar grounds, although Courts of Equity will not interfere by injunction to prevent waste in cases of tenants in common, or coparceners, or joint tenants, because they have a right to enjoy the estate, as they please ; yet they will interfere in special cases ; as, where the party committing the waste is insolvent ; or, where the waste is destructive of the estate, and not within the usual legitimate exercise of the right of enjoyment of the estate.2 ^917.
Էջ 102 - In the present case, the defendant moves to make sundry amendments, but there is no ground for the indulgence, except as to the mistake sworn to have arisen on the engrossment of the answer, and not discovered until...
Էջ 454 - Detectives" aforesaid ; and that your petitioner may have such other and further relief as the nature of the case may require.
Էջ 63 - ... what may have been advanced by one partner, or received by another, can only constitute items in the account. There may be losses, the particular partner's share of which may be more than sufficient to exhaust what he has advanced, or profits more than equal to what the other has received ; and until the amount of such profit and loss be ascertained by the winding up of the partnership affairs, neither party has any remedy against. or liability to, the other, for payment from one to the other,...
Էջ 229 - Missouri, as alleged in his declaration, because he is a negro of African descent ; his ancestors were of pure African blood, and were brought into this country and sold as negro slaves, and this the said Sandford is ready to verify. Wherefore he prays judgment •whether this court can or will take further cognizance of the action aforesaid.
Էջ 63 - I admit, that if two co-partners enter into a contract for the purpose of defrauding their joint creditors, the one agreeing to permit the other to withdraw money out of the reach of the joint creditors, such a contract is fraudulent and invalid.