Pendleton v. . Dalton
Supreme Court of North Carolina
Civil ACTION tried before Shipp, Judge,, and a jury, at Spring; Term, 1884, of the Superior Court of Iredell county. The fapts appear in the opinion. In deference to His Honor's ruling, the plaintiff took a non-suit and appealed.
1Opinion of the Court
. Smith, C. J.
Placebo Houston died in the year 1859, seized and possessed of a large and valuable tract of land in the county of Iredell, and leaving a will, since admitted to probate, wherein he appointed two executors, of whom the defendant, John H. Dalton, alone accepted the trusts and took the oath prescribed by law. In one of the clauses of the instrument he gives this direction and authority:
“ My real estate to be sold, as my executors may deem best for the interests of the estate.”
On the 18th day of October, 1862, an agreement was entered into by and between the plaintiff and the said…
2Cases cited5 opinions
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- Wilkie v. . WombleSupreme Court of North Carolina · 1884
- London v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1883
- Pendleton v. . DaltonSupreme Court of North Carolina · 1870
- Pendleton v. . DaltonSupreme Court of North Carolina · 1877
3Cited by6 opinions
- Blackwell Durham Tobacco Co. v. McElweeSupreme Court of North Carolina · 1886
- State v. Baltimore & O. R.West Virginia Supreme Court · 1895
- Deal v. WilsonSupreme Court of North Carolina · 1919
- Deal v. . WilsonSupreme Court of North Carolina · 1919
- Pendleton v. . DaltonSupreme Court of North Carolina · 1887
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