Means v. . Hogan
Supreme Court of North Carolina
This cause, having been set for hearing in Randolph Court of Equity, upon the bill, answer and proofs, was, at Spring Terra 1843 of that court, ordered'by' consent of parties to be transmitted to the Supreme Court to be heard.
Read the full summary
This cause, having been set for hearing in Randolph Court of Equity, upon the bill, answer and proofs, was, at Spring Terra 1843 of that court, ordered'by' consent of parties to be transmitted to the Supreme Court to be heard. Upon the hearing, the following appeared-to be the facts of the case : In 1794, Thomas Lytle of Randolph county died, leaving-some personal property and two pieces of of land' in that county, which by his will he bequeathed and devised to his wife Catharine for life, and after her death upon certain limitations over which failed ; so that there Was-an intestacy as to…
1Opinion of the CourtRuffin, C. J.
There is no evidence tending to impeach the fairness of the sales made by the master, or of the conduct of Hogan in mailing his purchases. He was the largest owner of the property offered, and might fairly bid to enhance the price, and many others interested were present and submitted to have the report of the sales confirmed.— On the other hand, the defendants have failed to establish a purchase by Hogan from the plaintiffs. Indeed the court is satisfied, that the truth is otherwise. The difference in forms of the several powers of attorney is striking, and the presumption is that an…
2Cited by1 opinion
- McNair v. . McKaySupreme Court of North Carolina · 1850