Fitzgerald v. . Allman
Supreme Court of North Carolina
PetitioN for Removal of a Cause heard at December Special Term, 1879, of Haywood Superior Court, before Graves, J. The action is brought by the plaintiffs, heirs-at-law of John A. B. Fitzgerald, to set aside and annul a deed conveying the lands described in the complaint and executed by himself and wife, to the defendants, upon the allegation that the intestate was of unsound mind and incompetent to make the deed.
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PetitioN for Removal of a Cause heard at December Special Term, 1879, of Haywood Superior Court, before Graves, J. The action is brought by the plaintiffs, heirs-at-law of John A. B. Fitzgerald, to set aside and annul a deed conveying the lands described in the complaint and executed by himself and wife, to the defendants, upon the allegation that the intestate was of unsound mind and incompetent to make the deed. The defendants, who are colored persons, controvert the allegation and assert his legal capacity to act. At the special term of Haywood superior court, held in December, 1879, the…
1Opinion of the Court
Smith, C. J.,
after stating the case. The act of congress by which the order is supposed to be sustained, is in these words : “ When any civil suit or criminal prosecution is commenced in any state court, for any cause whatsoever, against any person who is denied or cannot enforce in the judicial tribunals of the state, or in the parts of the state where such suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citizens of the United States, * * * such suit or prosecution may, upon the petition of such defendant, filed in the said state…
2Cases cited2 opinions
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