Legal Opinion

Deans v. . Dortch

Supreme Court of North Carolina

Decided December 5, 1848PublishedCited by 4 opinions

Cause removed from the Court of Equity of Nash County, at the Fali Term, 1848. The bill charges that David M. Deans was in the year •-, appointed guardian to the infant children of Wil- liam D. Strickland, and upon stating the accounts with Granberry Vick, the former guardian of his wards, found him largely indebted to them ; whereupon he immediately brought an action upon his guardian bond, against him and his sureties, to wit: Jordan Joiner, John H. Drake, and Samuel W. W.…

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Cause removed from the Court of Equity of Nash County, at the Fali Term, 1848. The bill charges that David M. Deans was in the year •-, appointed guardian to the infant children of Wil- liam D. Strickland, and upon stating the accounts with Granberry Vick, the former guardian of his wards, found him largely indebted to them ; whereupon he immediately brought an action upon his guardian bond, against him and his sureties, to wit: Jordan Joiner, John H. Drake, and Samuel W. W. Vick. This suit was compromised by the plaintiff’s taking the several bonds of each of the sureties for his ratable…

1Opinion of the CourtNash, J.

The object of the bill is to set up a lost bond against the estates of the two Mr. Vicks. Courts of Equity originally obtained jurisdiction in such matters, upon the ground, that in a Court of law, the plaintiff could not obtain redress, for the reason, that he could not make profert of the bond. This reason has long ceased, and with it the jurisdiction acquired by Courts of Equity would also, in all probability, have ceased, but for the rules adopted there, in granting relief. The Courts of Equity, in doing justice to the plaintiff, will also take care he shall do justice to the defendants,…

Also in this document: Per curiam.

2Cited by4 opinions

  1. Powers v. . MurraySupreme Court of North Carolina · 1923
  2. Powers v. MurraySupreme Court of North Carolina · 1923
  3. Sallenger v. Perry.Supreme Court of North Carolina · 1902
  4. Sallenger v. Perry.Supreme Court of North Carolina · 1902

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