Peace v. . Nailing
Supreme Court of North Carolina
r, ... From Dr&imlJe. The bill alleged, that administration upon the estate of one Frances Chaves, was roiimsiUed to the Defendant Smith, who gave the Defendant Nailing and one Pope, as sureties for t he due administration thereof-dhat the estate was sold Sty the administrator on the 24th of Feb.
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r, ... From Dr&imlJe. The bill alleged, that administration upon the estate of one Frances Chaves, was roiimsiUed to the Defendant Smith, who gave the Defendant Nailing and one Pope, as sureties for t he due administration thereof-dhat the estate was sold Sty the administrator on the 24th of Feb. A. U, 1785 — tisAt two negroes were then purchased by one Jo/m Dickinson, for .5132 10s, who gave bond to the administrator for the purchase-money, which bore date the 24th of February, A. D. 1785, and was payable six months there* after. That the bond of Dickinson was delivered on the next day lay…
1Opinion of the Court
It is moved to dismiss the bill for want of equity. For the purposes of this motion, the allegations of the plaintiff are taken to be true, and no other part of the pleadings is looked into. With this concession, it is insisted by the defendants that the plaintiff is not entitled to the interference of this Court.(291) On application for equitable relief, it is not sufficient to show that injustice has been done. It must also be shown that the Court will be warranted in exercising its power. Equity does not interfere, on the ground that an unconscientious verdict has been obtained at law,…
2Cases cited7 opinions
- King v. BaldwinNew York Court of Chancery · 1817
- Lansing v. EddyNew York Court of Chancery · 1814
- Gatlin v. . KilpatrickSupreme Court of North Carolina · 1814
- Jones v. . JonesSupreme Court of North Carolina · 1817
- Fentress v. . RobinsSupreme Court of North Carolina · 1817
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ashley v. . BrownSupreme Court of North Carolina · 1930
- McCoy v. . JusticeSupreme Court of North Carolina · 1930
- Eborn v. . WaldoSupreme Court of North Carolina · 1860
- Taylor v. . WoodSuperior Court of North Carolina · 1804