Wilson v. . Featherstone
Supreme Court of North Carolina
MotioN for an injunction, heard before Bryan. J., at December Term, 1896, of Buxcombe Superior Court. John Wilson died in August, 1893, leaving certain property, which descended to. his only child, Clara Feather stone, and out of said property his widow (the plaintiff) was allotted her dower, the same consisting of certain lands, “together Avith the improvements thereon.”
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MotioN for an injunction, heard before Bryan. J., at December Term, 1896, of Buxcombe Superior Court. John Wilson died in August, 1893, leaving certain property, which descended to. his only child, Clara Feather stone, and out of said property his widow (the plaintiff) was allotted her dower, the same consisting of certain lands, “together Avith the improvements thereon.” After the allotment of dower defendants built a high fence on three sides of the property so allotted, completely closing up every window on three sides of the house, and also an alley way which afforded a rear entrance to…
1Opinion of the Court
Eaiegloth, O. J.:
There are two reasons why an injunc - tion should not have been granted in this case:
1. No written undertaking was written or tendered as required. The Code, Section 341; Miller v. Parker, 73 N. C., 58; James v. Withers, 114 N. C., 474.
2. There is no allegation of defendant’s insolvency; on the contrary, the plaintiffs’ affidavit admits that the defendants “are wealthy and amply able to respond in damages for any wrong done this affiant.” Hettrick v. Page, 82 N. C., 65; McNamee v. Alexander, 109 N. C., 242; Land Co. v. Webb, 117 N. C., 478.
Reversed.
2Cases cited5 opinions
- McNamee v. . AlexanderSupreme Court of North Carolina · 1891
- Hettrick v. . PageSupreme Court of North Carolina · 1880
- Miller v. . Parker .Supreme Court of North Carolina · 1875
- Morganton Land & Improvement Co. v. WebbSupreme Court of North Carolina · 1895
- James v. . WithersSupreme Court of North Carolina · 1894
3Cited by4 opinions
- Forter v. Armstrong.Supreme Court of North Carolina · 1903
- Doggett Lumber Co. v. ConradesSupreme Court of North Carolina · 1928
- Rope Co. v. . Aluminum Co.Supreme Court of North Carolina · 1914
- Tucker & Carter Rope Co. v. Southern Aluminum Co.Supreme Court of North Carolina · 1914