Council v. . Rivers
Supreme Court of North Carolina
This was a civil action brought to recover the amount of a bond given in January, 1867, by the defendants to the-plaintiff, as Clerk and Master, for the purchase money of a tract of land sold under an order of the Court of Equity, tor the County of Watauga.
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This was a civil action brought to recover the amount of a bond given in January, 1867, by the defendants to the-plaintiff, as Clerk and Master, for the purchase money of a tract of land sold under an order of the Court of Equity, tor the County of Watauga. The defendants demurred to the complaint and assigned several grounds therefor, but did not assign for cause that the action was unnecessary because-full relief might be given by orders in the suit in which the sale was made and confirmed. The demurrer was overruled at the Fall Term, 1870, of the Superior Court for WataugaCounty, by his…
1Opinion of the Court
Pearson, O. J.
“ It is a well settled principle of equity, that when a person can have adequate relief by an order in a 'cause pending in the same Court, he shall not be allowed to seek his remedy by a separate suit.” Mason v. Miles, 63 N. C. 564.
“ These cases assert the power of the Court of Equity upon petition for the sale of lands for the benefit of infants to compel the purchaser by orders made in the ccmse, to perform specifically his contract, &c. With such plenary power over the subject, we cannot doubt that the Court of Equity for Alamance, can by proper orders to be made in the…
2Cases cited1 opinion
- Mason and Another v. . MilesSupreme Court of North Carolina · 1869
3Cited by8 opinions
- Lord v. . BeardSupreme Court of North Carolina · 1878
- Hudgins v. . WhiteSupreme Court of North Carolina · 1871
- Hudson v. . CobleSupreme Court of North Carolina · 1887
- Murrill v. . MurrillSupreme Court of North Carolina · 1881
- Hoff v. . CraftonSupreme Court of North Carolina · 1878
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