Davis v. . Hall
Supreme Court of North Carolina
Cause removed from the Court of Equity of Craven County. The bill professes to state the pleadings, proceedings and decree in a suit brought in the Court of Equity, by the present defendant, Hall, as executor of Alexander Carter, against the present plaintiff, as administrator 6f James P. Davis, which was tried in this Court, as reported in 3 Jones’ Eq. 413. It sets forth a declaration in the decree, that the funds with which the slaves were purchased by his intestate,…
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Cause removed from the Court of Equity of Craven County. The bill professes to state the pleadings, proceedings and decree in a suit brought in the Court of Equity, by the present defendant, Hall, as executor of Alexander Carter, against the present plaintiff, as administrator 6f James P. Davis, which was tried in this Court, as reported in 3 Jones’ Eq. 413. It sets forth a declaration in the decree, that the funds with which the slaves were purchased by his intestate, belonged to Carter, and were held by the intestate as Carter’s agent, and that his executor, therefore, had an equity to…
1Opinion of the CourtRukfin, J.
This is not a bill of review; not alleging any error of law or fact in the decree. Nor does the bill allege any fraud in obtaining the decree, nor otherwise impeach it except in the single particular, that, the allegation in the former bill, that the fund with which the slaves were purchased belonged entirely to Carter, and the consequence deduced therefrom, that, in the view of this Court, Carter was entitled to all the slaves. The bill states, that the present plaintiff put in his answer in the former suit, but it does not profess to set forth either the tenor or substance of the answer in…
2Cited by3 opinions
- In Re Will of LloydSupreme Court of North Carolina · 1913
- Dalton v. MertzMichigan Supreme Court · 1917
- Hewitt v. Great Western Beet Sugar Co.Court of Appeals for the Ninth Circuit · 1916