Kelly v. . Bryan
Supreme Court of North Carolina
Cause removed from the Court of Equity of Rutherford County, at the Spring Term 1849. The bill seeks an account of property, conveyed in 1842, by the plaintiff to the defendants, in trust to pay certain enumerated debts. ■' The defendants aver, that, in 1845, all the matters, connected with the trust, were referred to arbitrators ; who, after full investigation, fairly stated the account, and made an award, in pursuance of which all the property undisposed of, for the…
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Cause removed from the Court of Equity of Rutherford County, at the Spring Term 1849. The bill seeks an account of property, conveyed in 1842, by the plaintiff to the defendants, in trust to pay certain enumerated debts. ■' The defendants aver, that, in 1845, all the matters, connected with the trust, were referred to arbitrators ; who, after full investigation, fairly stated the account, and made an award, in pursuance of which all the property undisposed of, for the purposes of the trust, was surrendered to the plaintiff, except four slaves, which were retained by the defendant, E. Bryan,…
1Opinion of the CourtPearson, J.
The plaintiffdoesnotset oat any specific mistake or error in the award; but attempts to impeach it, on the ground of unfairness on the part of the arbitrators. There is no proof to sustain this allegation ; and, on the further ground, that the same persons, selected to act, called in one Mr. McEntire, who acted and signed the award with them. The plaintiff consented, that McEntire should be called in and should act with the four originally chosen. His signing the award with them can in no point of view vitiate it. The Court, therefore, declares its opinion to be that the award is conclusive,…
Also in this document: Per curiam.
2Cited by18 opinions
- Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
- O'Briant v. . LeeSupreme Court of North Carolina · 1939
- Watkins v. . WilliamsSupreme Court of North Carolina · 1898
- Porter v. White.Supreme Court of North Carolina · 1901
- Newton v. . ClarkSupreme Court of North Carolina · 1917
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