W. J. Sprinkle v. . E. Nye Hutchinson
Supreme Court of North Carolina
This was a civil action beard on motion to vacate an order •of injunction, and to dismiss the action, heard before His Hon- or Judge Moore, at the July Special Term, 1871, of Mecklen-burg Superior Court. The facts are sufficiently stated in the opinion of the Court, to a proper understanding of the points determined. Ilis Honor granted The motion to vacate, and denied the motion to dismiss, from which ruling the defendants appealed.
1Opinion of the CourtRodmAN, J.
This action began by summons returnable before the Judge oí the Superior Court of Mecklenburg in term Time.
The plaintiff complained:
1. That one Holton died in 1860, leaving a will which was duly proved, and that the defendant qualified as executor.
2. That the testator was seized and possessed of valuable real and pei’sonal estate, which went into the possession of the executor.
3. By his will, the testator devised all his real and personal estate to his executor in trust to, pay his debts, and then to divide the same among his heirs, with power to Sell any portion of the estate privately or…
2Cases cited2 opinions
- Hunt v. . SneedSupreme Court of North Carolina · 1870
- Finger v. . FingerSupreme Court of North Carolina · 1870
3Cited by7 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Pelletier v. . SaundersSupreme Court of North Carolina · 1872
- Wilson v. . Alleghany Co.Supreme Court of North Carolina · 1899
- Hutchison v. . RobertsSupreme Court of North Carolina · 1872
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