Riggan v. . Green
Supreme Court of North Carolina
Civil Acton heard upon exceptions to referee’s report, at Spring Term, 1878, of FrankliN Superior Court, before Seymour, J. The plaintiffs as heirs at law of Joseph H. Riggan, sued to recover a tract of land, and defendants claim the same land under a deed of plaintiffs’ ancestor to James T. Brown and a deed from Brown to them.
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Civil Acton heard upon exceptions to referee’s report, at Spring Term, 1878, of FrankliN Superior Court, before Seymour, J. The plaintiffs as heirs at law of Joseph H. Riggan, sued to recover a tract of land, and defendants claim the same land under a deed of plaintiffs’ ancestor to James T. Brown and a deed from Brown to them. The plaintiffs’ reply to the defence set up that the deed of Joseph H. Riggan to James T. Brown was executed at a time when the grantor was of unsound mind and not of capacity to execute a deed, and to this the defendants rejoin,' that they and Brown under whom they…
1Opinion of the CourtHillard, J.
(After stating the case.) Under our present system the distinctive principles formerly applicable in the separate courts of law and equity are now to be recognized in the superior courts, and such a judgment and decree is to be pronounced, as the equitable rights of the parties may require. And in conformity to this idea, the order of ref-* erence in this case was drawn, giving the referee power to deal with the matters under investigation, as a chancellor under a bill to set aside the deed of a lunatic. Considered in this point of view, it becomes material to inquire what is the effect of…
2Cases cited1 opinion
- Hogan v. . StrayhornSupreme Court of North Carolina · 1871
3Cited by20 opinions
- Odom v. . RiddickSupreme Court of North Carolina · 1889
- Ellington v. . EllingtonSupreme Court of North Carolina · 1889
- Boyer v. BerrymanIndiana Supreme Court · 1890
- Hassey v. Williams, Et Ux.Supreme Court of Florida · 1937
- Riley v. CarterCourt of Appeals of Maryland · 1893
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