Legal Opinion

Armistead v. Bozman's Heirs

Supreme Court of North Carolina

Decided December 5, 1840PublishedCited by 9 opinions

This bill was filed, returnable to the Spring Term, 1831, of Washington Court of Equity, in the name of Anthony Armistead. At that term, the death of Anthony Armistead vvas suggested, and leave given to his personal representato file a Bill, of' Revivor, which was done, returnable to the next term,, at which last' term the answers of the defendants were filed.

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This bill was filed, returnable to the Spring Term, 1831, of Washington Court of Equity, in the name of Anthony Armistead. At that term, the death of Anthony Armistead vvas suggested, and leave given to his personal representato file a Bill, of' Revivor, which was done, returnable to the next term,, at which last' term the answers of the defendants were filed. No replication was put in to the'answers — at Spring Term, 1833, the cause was set for hearing upon the bill, answers and exhibits, and transmitted by order of the court below, upon the affidavit of the plaintiff to this court for…

1Opinion of the Court

Daniel, Judge.

The bill states, that at December session, 1811, of Washington County Court, Gabriel L. Stewart applied to be appointed guardian to the plaintiff’s intestate, Anthony Armistead, then an infant; that said Stewart proffered and tendered Levin Bozman and Asa Hardison, as sureties to the guardian bond, who declared their willingness to enter into the proper engagement as such, and were approved by the court. The court thereupon appointed Stewart guardian, and made an order that he and the said sureties should execute, according to law, a guardian bond for the benefit of the ward, in…

2Cases cited1 opinion

  1. Wiser v. BlachlyNew York Court of Chancery · 1815

3Cited by9 opinions

  1. Daniel v. . GrizzardSupreme Court of North Carolina · 1895
  2. Copeland v. . CollinsSupreme Court of North Carolina · 1898
  3. Morehead Banking Co. v. TateSupreme Court of North Carolina · 1898
  4. Copeland v. . CollinsSupreme Court of North Carolina · 1898
  5. Herndon v. . PrattSupreme Court of North Carolina · 1862

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