Legal Opinion

Mastin v. . Marlow

Supreme Court of North Carolina

Decided June 5, 1871PublishedCited by 23 opinions

Bill in Equity, heard • before Mitchell, J., at Spring Terra, 1871, of Wilkes Superior Court. The bill alleges that one James Marlow had, by inquisition, been found to be non compos mentís, and that the defendant, Linda, who intermarried with the defendant, Hilliar Marlow, conveyed by deed, for a valuable consideration, to the complainants, William B. Mastin and William B. Trausaw, all their interest and expectancy as heirs at law of the said James Marlow, in two tracts of…

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Bill in Equity, heard • before Mitchell, J., at Spring Terra, 1871, of Wilkes Superior Court. The bill alleges that one James Marlow had, by inquisition, been found to be non compos mentís, and that the defendant, Linda, who intermarried with the defendant, Hilliar Marlow, conveyed by deed, for a valuable consideration, to the complainants, William B. Mastin and William B. Trausaw, all their interest and expectancy as heirs at law of the said James Marlow, in two tracts of land, belonging to him, and particularly described in said deed. That by the said deed of conveyance the said Hilliar…

1Opinion of the Court

Pearson, O. J.

This is the second instance at the present Term, of a case, when in the midst of a trial, the proceedings are abruptly stopped by a motion to dismiss. One on the common law docket, Garrett v. Trotter, Ante. 430, and this ease on the equity docket, when after “replication and commissions,” depositions and order of publication, the case is set for hearing, and while being heard is put an end to, by a motion to dismiss.

This mode of procedure is irregular, and gives rise to great inconvenience and useless cost.

At law, the orderly mode of procedure is by demurrer ; or else by motion…

2Cases cited1 opinion

  1. Hargroves v. CookeSupreme Court of Georgia · 1854

3Cited by23 opinions

  1. Hale v. HollonTexas Supreme Court · 1897
  2. Kornegay v. MillerSupreme Court of North Carolina · 1905
  3. Boles v. Caudle.Supreme Court of North Carolina · 1903
  4. Foster v. HackettSupreme Court of North Carolina · 1893
  5. Brown v. . DailSupreme Court of North Carolina · 1895

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