Legal Opinion

Christmas v. . Mitchell

Supreme Court of North Carolina

Decided June 5, 1845PublishedCited by 13 opinions

This Cause was transmitted, by consent of parties, frotó the Court of Equity of Warren County, at the Spring Term, lSi§t ^e ^°^°'v^no case now appeared upon the pleadings and evidence; the case having been before this court at a former terrr|) when, certain questions having been decided, the court ordered the case to be remanded, with leave for the plaintiffs to amend their bill.

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This Cause was transmitted, by consent of parties, frotó the Court of Equity of Warren County, at the Spring Term, lSi§t ^e ^°^°'v^no case now appeared upon the pleadings and evidence; the case having been before this court at a former terrr|) when, certain questions having been decided, the court ordered the case to be remanded, with leave for the plaintiffs to amend their bill. The original bill in this case was filed in the year, 1833, and such proceedings were had therein, that this court, at the June Term, in the year 1837, made a declaration of the rights of the parties, as they were…

1Opinion of the CourtNash, J.

There is no controversy at this time between these parties, as to the title of Buckner Davis, the grandfather of the plaintiffs, to the negroes in question, or ns to the character, in which they were held by the defendants, Peter R. and Stephen Davis, his executors. Upon a former occasion, the court has declared in this case, that they did belong to Buckner Davis, and not to his children, and that the executors held them in trust for Mrs. Elizabeth Christmas, during her life, and, after her death, in trust for the plaintiffs. The questions now presented for our determination are: First, is…

2Cases cited1 opinion

  1. The King v. ManuHawaii Supreme Court · 1881

3Cited by13 opinions

  1. Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
  2. Johnson v. Pilot Life InsuranceSupreme Court of North Carolina · 1940
  3. Bond v. StateTennessee Supreme Court · 1913
  4. Matter of Will of MaynardCourt of Appeals of North Carolina · 1983
  5. State v. DuncanSupreme Court of North Carolina · 1956

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