Shields v. . Lawrence Col. of Margaret W. Davis
Supreme Court of North Carolina
Civil action for damages, tried before Henry, J., at December (Special) Term, 1874, Halifax Superior Court. This was an action, in the nature of an action for waste, commenced by the plaintiffs against the testator of the defendants. It is unnecessary to state the alleged acts of waste, as they are not necessary to an understanding of the case as decided in this Court.
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Civil action for damages, tried before Henry, J., at December (Special) Term, 1874, Halifax Superior Court. This was an action, in the nature of an action for waste, commenced by the plaintiffs against the testator of the defendants. It is unnecessary to state the alleged acts of waste, as they are not necessary to an understanding of the case as decided in this Court. The action was commenced at Spring Term, 1871, and the original defendant, Margaret W. Davis, died in the month of May, 1873, and at the Jane Term of the Court, John P. Lawrence was appointed her collector. At the Spring Term,…
1Opinion of the CourtSettle, J.
This is an action brought under the provisions of the C. C. P., section 383, etseg., by a remainderman against the tenant for life, in which the plaintiffs demand :
1. A forfeiture of the estate of the defendant;
2. Damages for the waste committed.
During the pendency of the action, the tenant for life died, and her personal representative having been brought in by citation, entered the following plea, to wit: “He insists that the said action abated by the death of the defendant, Margaret W. Davis, and in law cannot be farther prosecuted.”
The plaintiffs moved for and obtained leave of the Court…
2Cases cited2 opinions
- Peebles v. . N.C. R. R. Co.Supreme Court of North Carolina · 1869
- Williams v. . WilliamsSupreme Court of North Carolina · 1874
3Cited by2 opinions
- Landrum v. LandrumSupreme Court of Georgia · 1924
- McIntyre v. JoseySupreme Court of North Carolina · 1953