Du Pre v. . Williams
Supreme Court of North Carolina
Cause transmitted from (lie Court of Equity of Wake comity. The bill alleges that Cornelius Du Pre and Daniel Du Pre, Junior, purchased of one Thomas Robeson, a negro woman, named Harriet, and her child Prances, for which they paid the money, and took a bill of sale \ that on the 16th of October, 1851, the said Cornelius and Daniel Du Pre, Junior, sold the said slaves and another, a child also of Harriet, to Daniel Du Pre, Senior, the father of the plaintiffs, Rachel and…
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Cause transmitted from (lie Court of Equity of Wake comity. The bill alleges that Cornelius Du Pre and Daniel Du Pre, Junior, purchased of one Thomas Robeson, a negro woman, named Harriet, and her child Prances, for which they paid the money, and took a bill of sale \ that on the 16th of October, 1851, the said Cornelius and Daniel Du Pre, Junior, sold the said slaves and another, a child also of Harriet, to Daniel Du Pre, Senior, the father of the plaintiffs, Rachel and Altona, and of the said Cornelius and Daniel, Jr., and husband of plaintiff, Christiana, and that the money was paid for…
1Opinion of the CourtPeaesoN, C. J.
A court of Equity has no jurisdiction in respect to ¿oris, except under peculiar circumstances, where its interference is necessary, in order to prevent “ irreparable injury.”
To justify the assumption of jurisdiction, it is not sufficient, as in matters of contract, that the remedy, at law, is inadequate. Nor is it sufficient that the -wrong appended will, if not prevented, subject the party to “inconvenience and great expense, and put him to much trouble,” for this would open too large a field and leave butlittlefor the common law courts. The wrong apprehended must be of such a nature as…
2Cited by2 opinions
- Carroll v. . HusseySupreme Court of North Carolina · 1848
- Edwards v. Massey.Supreme Court of North Carolina · 1821