Hough v. Martin
Supreme Court of North Carolina
The bill was filed in September, 1838, and charged that James Hough, a brother of the plaintiff, died some time in the year 1821, having previously made and published his will, duly executed to pass real estate, wherein he devised as follows: “ I give to James Martin the tract of land of two hundred acres I now live on, including other tracts and parts of tracts within the bounds here laid down, beginning at a post oak, Thomas Smith’s corner, on the upper side of Cedar…
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The bill was filed in September, 1838, and charged that James Hough, a brother of the plaintiff, died some time in the year 1821, having previously made and published his will, duly executed to pass real estate, wherein he devised as follows: “ I give to James Martin the tract of land of two hundred acres I now live on, including other tracts and parts of tracts within the bounds here laid down, beginning at a post oak, Thomas Smith’s corner, on the upper side of Cedar Creek, including a tract of two hundred and fifty acres I bought of Janies Garris — also, a fifty acre tract I bought of…
1Opinion of the Court
Ruffin, Chief Justice.
No counsel has appeared before us for the plaintiff; and we cannot, therefore, be sure that we correctly apprehend the ground or grounds on which relief was intended to be claimed in the bill. As far, however, as we have unaided been able to collect the grounds brought forward in the bill and exhibits, we are of opinion that the bill cannot be supported, but was properly dismissed.
From the general scope of the bill, the principal object as stated particularly in the prayer, seems to be, to have the land devised to the plaintiff, admeasured and laid off to him by metes…
2Cited by3 opinions
- Erie Basin Improvement Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
- Batten v. . Corporation CommissionSupreme Court of North Carolina · 1930
- Johnson v. DaughetySupreme Court of North Carolina · 1967