Legal Opinion

White v. . Jones

Supreme Court of North Carolina

Decided February 5, 1883PublishedCited by 6 opinions

Civil ActioN tried on exceptions to a referee’s report, at Spring Term, 1881, of Wilkes Superior Coult, before Seymour, J. Mrs. Rachael Stokes died in Wilkes county in the year 1860, leaving a last will, in which she directed all of her property of every description to be sold upon a credit of twelve months, as soon as it could be conveniently done, after her death.

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Civil ActioN tried on exceptions to a referee’s report, at Spring Term, 1881, of Wilkes Superior Coult, before Seymour, J. Mrs. Rachael Stokes died in Wilkes county in the year 1860, leaving a last will, in which she directed all of her property of every description to be sold upon a credit of twelve months, as soon as it could be conveniently done, after her death. She nominated her son, M. S. Stokes, as executor-, and he procured the will to be admitted to probate, but died without executing any of the trusts contained therein, and thereupon one Jacob Fraley was appointed and qualified as…

1Opinion of the CourtRuffin, J.

Without reference to the order in which they occur, the principal questions presented in the two appeals seem to be:

1. Whether the bond, mentioned in the record as having been given by Joseph Gray to the defendant, Bledsoe, and his associate in the purchase of the land, W. P. Maxwell, on the 18th day of April, 1863, for $7,500, was solvable in Confederate money, and therefore liable to be scaled, as prescribed in the statute, as is contended for by the plaintiff.

2. Whether it was proper, as was done by the referee, to reduce the amount to be paid upon such bond to the sum at which the 'said…

2Cases cited3 opinions

  1. Bank of Greensboro v. . ClappSupreme Court of North Carolina · 1877
  2. Wetherell v. . GormanSupreme Court of North Carolina · 1876
  3. Smith v. . StewartSupreme Court of North Carolina · 1880

3Cited by6 opinions

  1. Owens v. Williams.Supreme Court of North Carolina · 1902
  2. White v. . JonesSupreme Court of North Carolina · 1885
  3. Carr v. . AlexanderSupreme Court of North Carolina · 1893
  4. Gorrell v. AlspaughSupreme Court of North Carolina · 1897
  5. Hackett v. . McMillanSupreme Court of North Carolina · 1893

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