Griffin v. . Carter
Supreme Court of North Carolina
Appeal from a decree of the Court of Equity of Northampton County, at the Fall Term 1848, disallowing a motion to remove the sequestration in the case, theretofore granted, his Honor Judge Settle presiding.
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Appeal from a decree of the Court of Equity of Northampton County, at the Fall Term 1848, disallowing a motion to remove the sequestration in the case, theretofore granted, his Honor Judge Settle presiding. The bill alleges, that the defendant, in the County of Surry and State oí Virginia, where he then resided, during the year 1818, executed a deed of gift to Nancy, one of the plaintiffs, who was his reputed daughter, by which, he conveyed to her a negro woman, to take effect at the death of the defendant ¿ which said deed was properly attested and delivered, and afterwards proven by the…
1Opinion of the CourtPearson, J.
It was held in the case of McDaniel v. Stoker, decided at this term, that a motion to remove or discharge a sequestration does not stand upon the footing of a motion to dissolve an injunction, in the ordinary case of an injunction to stay execution upon a judgment at law» The Court having secured the fund, will keep it secured, pending the litigation, unless the application was improvi. dently granted ; or. unless, upon the coming in of the answer, it appears, taking the whole together, that the claim, of the plaintiff is unfounded, or that, the security was unnecessary. The security in this…
Also in this document: Per curiam.
2Cited by9 opinions
- Hall v. . R. R.Supreme Court of North Carolina · 1907
- Terry v. Robbins.Supreme Court of North Carolina · 1901
- Gooch v. . FaucettSupreme Court of North Carolina · 1898
- Hall v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Brown Carriage Co. v. DowdSupreme Court of North Carolina · 1911
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