Legal Opinion

Bailey v. . Wilson

Supreme Court of North Carolina

Decided December 5, 1835PublishedCited by 13 opinions

This bill was filed at the Pall term, 1826, of the Court of Equity for the County of Anson, by William Bailey, Junr., William Covington and Elijah Covington, plaintiffs, against William Bailey, the elder, Jacob Bailey, George Wilson, and Dempsey Fielding and Fanny his wife; and was subsequently amended by making John Bailey and Charles Gettings and Clara his wife also defendants thereto.

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This bill was filed at the Pall term, 1826, of the Court of Equity for the County of Anson, by William Bailey, Junr., William Covington and Elijah Covington, plaintiffs, against William Bailey, the elder, Jacob Bailey, George Wilson, and Dempsey Fielding and Fanny his wife; and was subsequently amended by making John Bailey and Charles Gettings and Clara his wife also defendants thereto. The plaintiffs therein charged, that Thomas.Bailey died in the year 1800, seised of real, and possessed of personal property, after having made and published his.last will and testament, which at the October…

1Opinion of the Court

Gaston, Judge,

after stating the case as above set forth, proceeded: — The interlocutory order for an account having never been reheard, nor prayed to be reheard, ought to be viewed as a declaration that the plaintiffs are entitled to the account prayed for, and of course to the share of the negroes, in relation to which the account was asked. But as this point has not been pressed here in argument, and as it is not improbable that the order may have been made merely to speed the final decision, we have examined into the merits of the case, upon the allegations and proofs.

The execution of the…

2Cited by13 opinions

  1. Bohannon v. TrotmanSupreme Court of North Carolina · 1939
  2. King v. RichardsonCourt of Appeals for the Fourth Circuit · 1943
  3. Tise v. . Hicks.Supreme Court of North Carolina · 1926
  4. Bohannon v. . TrotmanSupreme Court of North Carolina · 1939
  5. Price v. Price.Supreme Court of North Carolina · 1903

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