Leigh v. . Smith
Supreme Court of North Carolina
Cause removed from the Court of Equity of Northampton County, at the Spring Term, 1844. The following is the state of the facts, as disclosed by the pleadings and proofs: In March 181?', Leonard Purdy and Sarah Smith, being about to intermarry, entered into a marriage contract, wherein, it was stipulated, “that the said Purdy chalí have during his natural life and fully possess and enjoy, without any molestation, all the negro property belonging now to the said Sarah Smith,…
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Cause removed from the Court of Equity of Northampton County, at the Spring Term, 1844. The following is the state of the facts, as disclosed by the pleadings and proofs: In March 181?', Leonard Purdy and Sarah Smith, being about to intermarry, entered into a marriage contract, wherein, it was stipulated, “that the said Purdy chalí have during his natural life and fully possess and enjoy, without any molestation, all the negro property belonging now to the said Sarah Smith, together with the use of the land, &c.” — “provided always, and it is the true intent and meaning of this covenant^…
1Opinion of the CourtNash, J.
Upon examining the evidence in this case, the' Court is satisfied, that in the compromise of the suits, brought1 by the sureties of Mrs. Purdy against Mr. Gary as a guarantee,nothing more was settled, than their claims against him • that nothing more was intended-by the parties tobe included and that in fact it extended no farther. It did not embrace the claim, now urged by the plaintiff, and he is at liberty, notwithstanding said compromise, to urge his present suit. They are further of opinion, that it is not necessary to decide upon' the question, whether the recovery made by the plaintiff…
2Cited by2 opinions
- Malcomson v. Wappoo MillsU.S. Circuit Court for the District of South Carolina · 1900
- Williams v. . MaitlandSupreme Court of North Carolina · 1840