Busbee v. . MacY
Supreme Court of North Carolina
CONTROVERSY withoút action under the Code § 315 heard at Chambers on the 29th of September, 1881, in a case pending in Wake Superior Court, before Gilmer, J. The avowed purpose of this action is to remove an alleged cloud upon the title to a certain lot of land, in the city of Raleigh, owned by the plaintiff.
Read the full summary
CONTROVERSY withoút action under the Code § 315 heard at Chambers on the 29th of September, 1881, in a case pending in Wake Superior Court, before Gilmer, J. The avowed purpose of this action is to remove an alleged cloud upon the title to a certain lot of land, in the city of Raleigh, owned by the plaintiff. In his complaint he states that in the year 1849, Mrs. Marion Hardie, .being then, the rightful owner of the lot in question, undertook to convey the same to one George Plardie in trust for the sole and separate use of her daughter, Ann Eliza Macy, and her children who are the…
1Opinion of the Court
RuepiN, J.,
after stating the case. A question of jurisdiction meets us at the very outset of this case. The plain tiff alleges that the deed under which 'the defendants claims and against which he seeks relief, is absolutely void' for uncertainty upon its faee. Ought then a court of equity to-.take cognizance of the cause and undertake to quiet the-plaintiff’s fears, when upon- his own- showing they are utterly groundless and idle ?-
The courts of equity in the exercise of what is called “'preventive or protective justice,”’have been long accustomed to relieve against deeds or other…
2Cases cited4 opinions
- Peirsoll v. ElliottSupreme Court of the United States · 1832
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Head v. JamesWisconsin Supreme Court · 1861
- Farnham v. . CampbellNew York Court of Appeals · 1866
3Cited by23 opinions
- State v. . R. R.Supreme Court of North Carolina · 1907
- Wardens St. Peter's Episcopal Church v. Town of WashingtonSupreme Court of North Carolina · 1891
- State v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Thompson v. Town of LumbertonSupreme Court of North Carolina · 1921
- Newman MacHine Company v. NewmanSupreme Court of North Carolina · 1969
18 more not listed; retrieve them via the Exa API.