Howell v. . Howell
Supreme Court of North Carolina
Cause removed from the Court of Equity of Cleaveland County, at the Fall Term 1845. The bill was filed in the Court of Equity for the County of Cleaveland at Spring Term 1844. It alleges, that about the year 1828, John Howel died, leaving a last will, in which the defendants were appointed executors: that soon thereafter they proved the will and qualified.: that, among other things, the will contained a bequest of certain negroes to the plaintiff for her life, remainder to…
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Cause removed from the Court of Equity of Cleaveland County, at the Fall Term 1845. The bill was filed in the Court of Equity for the County of Cleaveland at Spring Term 1844. It alleges, that about the year 1828, John Howel died, leaving a last will, in which the defendants were appointed executors: that soon thereafter they proved the will and qualified.: that, among other things, the will contained a bequest of certain negroes to the plaintiff for her life, remainder to the children of the testator: that soon after they qualified, the executors assented to the legacy, and delivered the…
1Opinion of the CourtPearson, J.
The defendants.move, in this Court, to dismiss the bill for want of Equity.
We think the motion must be allowed.
The assent of the executors vested the legal title in the plaintiff. If the defendants take the negroes and sell them, there is a clear and adequate remedy at law by an action of trespass, trover or detinue. The death of the plaintiff, preceding such action, would not prevent a re covery, by her personal representative, of damages, commensurate with the value of her estate and the injury done. So that the damages, which the plaintiff seems to apprehend, cannot in the proper sense of…
Also in this document: Per curiam.
2Cited by2 opinions
- Arey v. LemonsSupreme Court of North Carolina · 1950
- Goldsboro Lumber Co. v. Hines Bros. Lumber Co.Supreme Court of North Carolina · 1900