Iredell Ex Rel. Faucett v. Barbee
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Orange County, at tbe Fall Term, 184S, his Honor Judge Cald* well presiding. This was an action of debt, upon the following bond : STATE OF NORTH CAROLINA, Orange County. Know alt, nen by these presents, That we, Nathaniel King, William Barbee and David B. Alsobrook, all of Orange County, in the State aforesaid, are held and firmly-bound unto James Iredell.
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Appeal from the Superior Court of Law of Orange County, at tbe Fall Term, 184S, his Honor Judge Cald* well presiding. This was an action of debt, upon the following bond : STATE OF NORTH CAROLINA, Orange County. Know alt, nen by these presents, That we, Nathaniel King, William Barbee and David B. Alsobrook, all of Orange County, in the State aforesaid, are held and firmly-bound unto James Iredell. Esq., Governor, &c., Justices of the Court of Pleas and Quarter Sessions for the Comity of Orange, in tbe sum of ten thousand dollars to be paid to the said Justices or the survivors of them, their…
1Opinion of the CourtPbabson, J.
Such a construction should be given to every deed, as to give it effect, and carry out the intention of the parties, “ Ut res magis valeat quam percat,” is a well ruled maxim of law, formed upon good sense and calculated to promote the ends of justice.
It is clear tha£ King was called to take possession of a large estate belonging to Mrs. Fann, in consequence of his entering into the bond now sued on, and that the defendant as one of his sureties, undertook, that he would pay over the estate to such persons as might be lawfully authorised to receive it. King did accordingly take possession of…
2Cited by4 opinions
- Hastings v. United States Fidelity & Guaranty Co.Supreme Court of Arkansas · 1915
- Fitts v. . GreenSupreme Court of North Carolina · 1831
- St. James v. Bagley.Supreme Court of North Carolina · 1905
- State v. . EdneySupreme Court of North Carolina · 1864