Legal Opinion

Armstrong v. . Simonton

Supreme Court of North Carolina

Decided July 5, 1818Published

1Opinion of the Court

It was left to the jury to say whether it was a gift or loan to Simonton for his life with a contingent remainder to the plaintiff, or whether it was a loan determinable at the will of the plaintiff. If the first, then the jury was instructed that it was too remote; and if the second, then by the intermarriage of plaintiff the property became Armstrong's, and the right was now in his executors. There was a verdict for defendant, and the case stood on a rule to show cause why there should not be a new trial. If the plaintiff's husband had thought proper to have brought an action of detinue for…

2Cases cited1 opinion

  1. Johnston v. . PasteurSupreme Court of North Carolina · 1803

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