M. M. Withers, Exr'x v. . T. W. Sparrow and Wife
Supreme Court of North Carolina
This was a bill in equity, filed under tbe former system by tbe plaintiff as executrix of tbe will of S. M. Withers against T. W. Sparrow, Martba L. Sparrow, bis wife, and James M. Hutchison. Mrs. Sparrow was entitled to a separate estate in Lancaster District, S. C., and having removed to this State, she, with-her husband, filed a petition for .the purpose, and obtained the appointment of, the defendant Hutchison, as trustee, in this State.
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This was a bill in equity, filed under tbe former system by tbe plaintiff as executrix of tbe will of S. M. Withers against T. W. Sparrow, Martba L. Sparrow, bis wife, and James M. Hutchison. Mrs. Sparrow was entitled to a separate estate in Lancaster District, S. C., and having removed to this State, she, with-her husband, filed a petition for .the purpose, and obtained the appointment of, the defendant Hutchison, as trustee, in this State. The cause was regularly transferred, and issues embracing-the salient questions of fact in dispute were submitted to the jury at July Special Term 1871,…
1Opinion of the CourtBoydeN, J.
This was an original bill in equity, decided in the Court below, and an appeal taken by the defendant to this Court. The object of the bill was to subject the separate estate of the feme defendant, to the payment of a sum of money, ■alleged to have been borrowed by the wife, with the assent of her trustee, upon the credit and for the improvement of her separate estate.
There was some conflict in the evidence in regard to the loan of the money by plaintiff’s intestate to the feme defendant, and to enlighten the conscience of the Court, upon this matter, the following issue was submitted to a…
2Cited by10 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Garvin v. WatkinsSupreme Court of Florida · 1892
- Vann v. Edwards.Supreme Court of North Carolina · 1904
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