Carter v. . Jones
Supreme Court of North Carolina
Cause removed from the Court of Equity of Rocking-ham County, at the Spring Term, 1848. The bill in this case was filed in the Court ofEquity for Rockingham County and made returnable to spring term 1841, by Thomas L. Boyd, and Mitchell Carter, both of the County of Wythe in the State of Virgina, against Pendleton Jones, and Pleasant Black of the County of Rockingham in this State, and Thomas Smith, of the County of Wythe aforesaid.
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Cause removed from the Court of Equity of Rocking-ham County, at the Spring Term, 1848. The bill in this case was filed in the Court ofEquity for Rockingham County and made returnable to spring term 1841, by Thomas L. Boyd, and Mitchell Carter, both of the County of Wythe in the State of Virgina, against Pendleton Jones, and Pleasant Black of the County of Rockingham in this State, and Thomas Smith, of the County of Wythe aforesaid. It stated in substance, that, on or about the 4th. day of November, 1837, the defendant Smith sold to the defendant Jones a wagon and team, for which Jones…
1Opinion of the CourtBattle, J.
Upon the admission in the answers of the defendants, Jones and Black, that the bond has not been paid, and the proof, that it is lost or destroyed, and that the latter has paid the full amount of it to Boyd, the plaintiff Carter is clearly entitled to a decree against the defendants, unless their objections that Carter was an officious intermeddler, and for that reason not entitled to relief, and to the bill on account of Boyd’s being a party plaintiff, can avail them ; for the other objections are clearly untenable. The jurisdiction of the Court of Equity to give relief in the case of lost…
2Cited by13 opinions
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- Leslie v. ComptonSupreme Court of Kansas · 1918
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