Jones v. . Cameron
Supreme Court of North Carolina
Motion’ for an Injunction heard at Chambers in Kinston on the 28th of October, 1878, before McKoy, J. The action in which this motion was made is pending in Greene superior court. The facts are stated in the opinion. The motion was granted restraining the plaintiffs from selling the lands mentioned in the pleadings, and from this judgment the plaintiffs appealed.
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Motion’ for an Injunction heard at Chambers in Kinston on the 28th of October, 1878, before McKoy, J. The action in which this motion was made is pending in Greene superior court. The facts are stated in the opinion. The motion was granted restraining the plaintiffs from selling the lands mentioned in the pleadings, and from this judgment the plaintiffs appealed. To entitle the defendants to the injunction, it must clearly appear they could not avail themselves at law of the equities relied on, or that they were prevented from using them by accident, mistake, or fraud of the adverse party,…
1Opinion of the CourtHillard, J.
At the death of -John Tupnage, he left a number of children, and in 1864 partition was made of his lands, and the share assigned to Eliza, one of his daughters, who intermarried with A. M. F. Cameron, was charged with $2,114.25, to be paid to Elizabeth, another daughter, wife of Aligood Jones, for equality of partition. Eliza, the owner of the share charged, died leaving John Cameron her only heir and her husband A. M. F. Cameron, her surviving.
The sum charged on Eliza’s share not having been paid, this action was brought to spring term, 1875, against the defendants, the husband and heir of…
2Cases cited2 opinions
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Chambers v. . PenlandSupreme Court of North Carolina · 1878
3Cited by1 opinion
- Powell v. . WeatheringtonSupreme Court of North Carolina · 1899