Tyson v. . Harrington
Supreme Court of North Carolina
Cause removed from the Court of Equity of Moore County, at the Spring Term 1849. The plaintiff is the widow of one Thomas Tyson. They were married in 1834, and the infant defendant, Elizabeth Tyson, is their only child.
Read the full summary
Cause removed from the Court of Equity of Moore County, at the Spring Term 1849. The plaintiff is the widow of one Thomas Tyson. They were married in 1834, and the infant defendant, Elizabeth Tyson, is their only child. He died intestate in the year 1835. About the time of their marrage, Josiah Tyson, his father, purchased the tract of land, described in the bill, containing 124 acres, from one McKinzie, and had the deed made to his son, who took possession and- lived upon the land with his wife for some time and then left the State, enlisted in the army and died in the year 1835, After he…
1Opinion of the CourtPearson, J.
The conveyance to the defendant was made before the plaintiff 'filed her bill against Tyson . He is, therefore, not concluded by the decree in that case', nor affected by it in any manner, except so far as it may be an authority upon the questions of law decided, like any other cause.
There is no proof that the defendant paid a valuable consideration for the land, and it is known, that, at the time he took the conveyance, he had full notice of the rights of Thomas Tyson. Upon the authority of the cases of Tolar v. Tolar, 1 Dev. Eq. 456, Morris v. Ford, 1 Dev. & Bat. Eq. 23, and Tyson v. Tyson,…
Also in this document: Per curiam.
2Cited by3 opinions
- Waldo v. . WilsonSupreme Court of North Carolina · 1917
- Miser Gold Mining & Milling Co. v. MoodySupreme Court of Colorado · 1906
- Strudwick v. . ShawSuperior Court of North Carolina · 1791