Leggett v. . Leggett
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1882, of Beaufort Superior Court, before Gilliam, J. In 1871, Henry Leggett died in Beaufort county seized of several parcels of land, which for want of lineal heirs descended to his brothers and sisters, eight in number, and including both the plaintiff and the defendant.
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Civil ActioN tried at Fall Term, 1882, of Beaufort Superior Court, before Gilliam, J. In 1871, Henry Leggett died in Beaufort county seized of several parcels of land, which for want of lineal heirs descended to his brothers and sisters, eight in number, and including both the plaintiff and the defendant. Subsequently to his death, though at different dates, the plaintiff and defendant executed deeds, whereby they purported to convey their respective interests in the estate of their brother to one Harper H. Coor. In 1872, certain of the heirs filed their petition in the superior court,…
1Opinion of the Court
Ruffin, J.,
after stating the case. To maintain his position, it is necessary that the defendant should establish two propositions: First, that by reason of the recent amendment of the constitution (Art. IV., § 8) this court can, and indeed must, in all cases that were hitherto cognizable only in a court of equity, pass upon the verdict of the jury, and, if in their opinion it should be founded upon insufficient testimony, wholly disregard it; and secondly, that in this particular ease, the evidence received and acted upon was not sufficient to warrant the court below, iu declaring a trust in…
2Cases cited1 opinion
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
3Cited by17 opinions
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- Fortune v. . WatkinsSupreme Court of North Carolina · 1886
- Wessell v. . RathjohnSupreme Court of North Carolina · 1883
- Cobb v. EdwardsSupreme Court of North Carolina · 1895
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