Brown v. . Dail
Supreme Court of North Carolina
Civil ACTION, for the possession of personal property, tried before Bryan, I., at the May Special Term, 1895, of CraveN Superior Court, upon exceptions filed by the defendant to the report of a referee.
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Civil ACTION, for the possession of personal property, tried before Bryan, I., at the May Special Term, 1895, of CraveN Superior Court, upon exceptions filed by the defendant to the report of a referee. The facts as found by the referee were that in February, 1893, James F. Heatb, and others, entered into a contract with the plaintiff which, after setting out in the premises that the former, who were engaged in the business of cutting and sawing timber, had not the means necessary to carry on the business and had applied to the plaintiff for financial aid, and he agreed to make the advances…
1Opinion of the Court
Avery, J.:
Under the rigid rule of the common law contingent interests might be released to the particular tenant or devised, or might pass to the heir or executor, but, according to Blackstone, could not “be assigned to a stranger unless coupled with'some interest.” 2 BL, 290-But a different principle prevailed in Courts of Equity, and following the more liberal policy, which is better adapted to the state of society in this country, the Court has held that contingent rights are, as a rule, assignable in equity, and that a deed purporting to pass what one expects to inherit from a parent, and…
2Cases cited7 opinions
- Watson v. . SmithSupreme Court of North Carolina · 1892
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1877
- Bodenhamer v. . WelchSupreme Court of North Carolina · 1883
- Mastin v. . MarlowSupreme Court of North Carolina · 1871
- Wright v. . BrownSupreme Court of North Carolina · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Evans v. EverettSupreme Court of North Carolina · 1971
- Lee v. OatesSupreme Court of North Carolina · 1916
- Boles v. Caudle.Supreme Court of North Carolina · 1903
- Hickson Lumber Co. v. Gay Lumber Co.Supreme Court of North Carolina · 1909
- Page Trust Co. v. Carolina Construction Co.Supreme Court of North Carolina · 1926
13 more not listed; retrieve them via the Exa API.