Eyre v. Potter
Supreme Court of the United States
This was an appeal from the Circuit Court of the United States for the District of North Carolina, sitting as a court of equity. The bill was filed by Elizabeth E. Potter, during her lifetime, to which her executors afterwards became parties. The opinion, of the court contains an explanation of the case as it is set forth in the bill, and it is not necessary to repeat it.
1Opinion of the CourtJustice Daniel
This is an appeal from a decree of the Circuit Court of the United States for the District of North Carolina, by which decree the bill of' the appellant (the complainant in the Circuit Court) was dismissed with costs.
The allegations in the bill, on which the interposition of the court was invoked, are substantially as follow: That Samuel Potter, deceased, the late husband of the complainant, died on the 29th of May, 1847, possessed of a large real and personal estate, consisting of houses in the towns of Wilmington and Smithvillé, in North Carolina, of a productive rice plantation, of an…
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