McEachern v. . Stewart
Supreme Court of North Carolina
Civil aotioN, tried before Connor, J., and a jury, at September Term, 1893, of RICHMOND Superior Court. From a judgment for the plain tills the defendant Stewart appealed. The facts appear in the opinion of the Chief Justice.
1Opinion of the Court
Snkpiikrn, ('. J.:
The defendant, Dugald Stewart, at. Spring Term, 1878, of RrcmioNi) Superior Court, was ordered to invest $ ”)0U, then in his hands, “ either in real estate or United States bonds, * * * and receive and pay over the interest annually to Margaret Ann McEach-ern during her life, and after her death to such of her children as may be living at the time of her death.” He loaned the money to his brother, Angus Stewart, who executed to him a mortgage on a tract of land which was already encumbered by two mortgages — one to James C. McEaciiern for $748, and the other to himself for…
2Cases cited3 opinions
- North Carolina R. R. v. WilsonSupreme Court of North Carolina · 1879
- Searing v. SearingNew York Court of Chancery · 1841
- McEachin v. . StewartSupreme Court of North Carolina · 1890
3Cited by1 opinion
- Wittkowsky v. Baruch.Supreme Court of North Carolina · 1900