Hines v. Spruill
Supreme Court of North Carolina
The plaintiff in his bill set forth a deed of trust executed to him by Benjamin J. Spruill, on the 28th January, 1834, whereby the said Benjamin, among other real and personal property therein mentioned, conveyed to him all his, the said Benjamin’s undivided interest, whether in law or equity, to the tract of land whereon he resided, it being the same which was devised by John S. Ross, to his sisters, Margaret, then the wife of said Benjamin, and Elenor P. Ross, and all his…
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The plaintiff in his bill set forth a deed of trust executed to him by Benjamin J. Spruill, on the 28th January, 1834, whereby the said Benjamin, among other real and personal property therein mentioned, conveyed to him all his, the said Benjamin’s undivided interest, whether in law or equity, to the tract of land whereon he resided, it being the same which was devised by John S. Ross, to his sisters, Margaret, then the wife of said Benjamin, and Elenor P. Ross, and all his undivided interest, whether in law or equity, to certain negroes therein named, cattle, sheep, hogs, corn, fodder, pork…
1Opinion of the Court
Gaston, Judge,
after stating the case as above proceeded as follows: As the appellees have chosen to submit the cause here without an argument on their part, and the decree contains no reference to the grounds upon which it was rendered, we are under the necessity of ascertaining these as well as we can by our own unaided suggestions. We much regret this necessity, since it is probable that considerations which influenced the judgment of the Court below, may altogether escape our notice. The decree we presume is founded upon the position that the legacies bequeathed to Margaret and Eleanor…
2Cited by2 opinions
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