Barnes v. . Strong
Supreme Court of North Carolina
Cause removed from the Court of Equity, of Rocking-ham County, at Eall Term, 1853. An action of detinue was pending in the Superior Court -of Law, of Rockingham, in the name of John C. Mingus, trustee of A. D. Jones, against one Robert Strong, for the recovery of several -slaves.
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Cause removed from the Court of Equity, of Rocking-ham County, at Eall Term, 1853. An action of detinue was pending in the Superior Court -of Law, of Rockingham, in the name of John C. Mingus, trustee of A. D. Jones, against one Robert Strong, for the recovery of several -slaves. During the pendency of this -suit, Robert Strong, -and his son William R. Strong, the defendant, entered into a contract in writing, of which the following is a copy: u Memorandum of an agreement made and entered into, -this 25th day of May, 1848, between Robert Strong on the-ono part, and William R. Strong of -the…
1Opinion of the CourtBattle, J.
The pleadings in this cause present for consideration, a question which has not hitherto, so far as we know, been decided in this State. The question is, whether a contract between a father and son, made during the pendency of a suit against the father, where the son agrees to defend the suit for the father in consideration of receiving a part of the property in controversy, in case of success, is void, as coming within the prohibition of the common law against maintenance and champerty? We have given to the subject that attention to which its importance, as well as its novelty, requires, and…
2Cited by7 opinions
- Locklear v. OxendineSupreme Court of North Carolina · 1951
- Councill v. . BaileySupreme Court of North Carolina · 1910
- Merrell v. . StuartSupreme Court of North Carolina · 1941
- Merrell v. StuartSupreme Court of North Carolina · 1941
- Ravenal v. Ingram.Supreme Court of North Carolina · 1902
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