Matthews v. . McPherson
Supreme Court of North Carolina
This was a civil action brought to recover the possession of a tract of land, and tried at the Fall Term, 1870, of the Superior Court for the County of Mooee, before his Honor, Buxton, J. The facts material to the proper understanding of the case, as they were proved on the trial, were as follows: The land in controversy belonged at one time to the illegitimate son of Mary Matthews, Daniel W. McNair, who died in the year 1348, intestate and without issue, when his said…
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This was a civil action brought to recover the possession of a tract of land, and tried at the Fall Term, 1870, of the Superior Court for the County of Mooee, before his Honor, Buxton, J. The facts material to the proper understanding of the case, as they were proved on the trial, were as follows: The land in controversy belonged at one time to the illegitimate son of Mary Matthews, Daniel W. McNair, who died in the year 1348, intestate and without issue, when his said mother entered upon the land as her own, claiming it as his heir-at-law. By a deed bearing date 27th June, 1856, she conveyed…
1Opinion of the CourtDick, J.
The distinction between actions at law and suits in equity, as to the forms of procedure, has been abolished in this State; but the distinction between legal and equitable rights still remains. This distinction has been defined and established by the judicial wisdom of centuries and will always exist in every system of law derived from the jurisprudence of England.
The rights of a cestui que trust under the old system were administered in a Court of Equity. In trusts relating to real property where the purposes of the trust were completed, and the trustee had been paid his reasonable charges…
2Cases cited1 opinion
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
3Cited by8 opinions
- Rogers v. DuhartCalifornia Supreme Court · 1893
- Waters v. GarrisSupreme Court of North Carolina · 1924
- Johnson v. . PrairieSupreme Court of North Carolina · 1884
- Southern Pacific Land Co. v. KigginsCalifornia Court of Appeal · 1930
- Scales v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1928
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