Grimes v. . Taft
Supreme Court of North Carolina
Civil action, to set aside an execution for owelty of partition, and restrain defendant perpetually from issuing an execution, tried at March Term, 1887, of Pitt Superior Court, before Merrimon, Judge, upon the following facts agreed; 1. John Boyd, Sr., died intestate in the year 1854, seized and possessed of certain lands in Pitt county, which descended to his children, Mary, John F., Sarah E., Elizabeth, Henrietta, McDowell and Henry Alonzo Boyd, who are his heirs, at law.…
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Civil action, to set aside an execution for owelty of partition, and restrain defendant perpetually from issuing an execution, tried at March Term, 1887, of Pitt Superior Court, before Merrimon, Judge, upon the following facts agreed; 1. John Boyd, Sr., died intestate in the year 1854, seized and possessed of certain lands in Pitt county, which descended to his children, Mary, John F., Sarah E., Elizabeth, Henrietta, McDowell and Henry Alonzo Boyd, who are his heirs, at law. 2. In the year 1859, Mary and John F., having become of age, by decree of the County Court of Pitt, had their…
1Opinion of the CourtDavis, J.
Whether the charge on the land allotted in the partition to Alonzo was a judgment or simply a statutory lien; whether the execution was irregular and void; whether it could be issued at all, and if so, without notice to the heirs; whether there was a presumption of payment and satisfaction; the effect of the release executed by Elizabeth Taft to R. T. Wilson and Julia Wilson; whether the plaintiff is entitled to a judgment against the defendant, R. T. Wilson, administrator of Alonzo Boyd; whether the funds belonging to the estate of Alonzo Boyd, a portion of which was paid to Elizabeth Taft…
2Cases cited4 opinions
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- Shields v. . AllenSupreme Court of North Carolina · 1877
- Edney v. . EdneySupreme Court of North Carolina · 1879
- Henry Whitted v. . Henry K. NashSupreme Court of North Carolina · 1872
3Cited by7 opinions
- Denson v. Pine State Creamery Co.Supreme Court of North Carolina · 1926
- Perry v. . WhiteSupreme Court of North Carolina · 1892
- Severance v. Ford Motor Co.Court of Appeals of North Carolina · 1992
- McIver v. StephensSupreme Court of North Carolina · 1888
- Kadis v. . WeilSupreme Court of North Carolina · 1913
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