Redman v. . Redman
Supreme Court of North Carolina
This was a Rill in Equity, filed in 1866, and returnable to Fall Term of Iredell Court, heard before Mitchell, J, at Spring ‘Term, 1871, of Iredell Superior Court.
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This was a Rill in Equity, filed in 1866, and returnable to Fall Term of Iredell Court, heard before Mitchell, J, at Spring ‘Term, 1871, of Iredell Superior Court. The plaintiffs are the legatees of H. Redman, and filed their bill against the defendants as administrators with the will annexed of H. Redman, deceased, calling upon them for an ac■eount and settlement of the estate, and specially charging them with the sum of five hundred dollars in gold and silver, .as the property of their testator, which came to the hands of the defendant, Thomas Redman, and was claimed by him as his •own. The…
1Opinion of the CourtDick, J.
This is a suit in equity, commenced before the adoption of the C. C. P., and is governed by the rules of plead, ing and procedure in Courts of Equity. When facts are presented by the pleadings and proofs, which, are controverted and material, and the evidence is unsatisfactory or contradictory, a Chancellor usually directs issues to be submitted to a jury in a Court of Common Law.
The granting of an issue is discretionary with the Court; but in the exercise of a sound discretion, and upon timely application made by either party, the Chancellor ought to refer all questions of fact, which are…
2Cases cited1 opinion
- Townsend v. GravesNew York Court of Chancery · 1831
3Cited by2 opinions
- Isler v. . MurphySupreme Court of North Carolina · 1874
- Emily Moye v. . Daniel CodgellSupreme Court of North Carolina · 1872