Battle v. . Petway
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Edgcombe County at the Spring Term, 1845, his Honor Judge Dick presiding. This was an action of trespass, brought by James L. Battle against the sheriff of Edgcombe, for seizing certain slaves, the property of the plaintiff, which the defendant justifies under writs oí fieri facias against the property of Jethro D. Battle, which came before the court on a case agreed.
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Appeal from the Superior Court of Law of Edgcombe County at the Spring Term, 1845, his Honor Judge Dick presiding. This was an action of trespass, brought by James L. Battle against the sheriff of Edgcombe, for seizing certain slaves, the property of the plaintiff, which the defendant justifies under writs oí fieri facias against the property of Jethro D. Battle, which came before the court on a case agreed. Mary E. Taylor owned the1 slaves in question, and. made her will in August, 1843, and died. By it she bequeathed one-third part of her estate to M. L. Battle, her heirs and assigns ; and…
1Opinion of the CourtRuffiN, C. J.
The question is, whether this is a case within the act of 1812, concerning equitable interests in real and personal estate. We may premise, that we do not agree with the counsel for the plaintiff, that there is an analogy between the cases under this act and those involving the enqui-ry, what uses are or are not executed under the statute of uses. For the act of 1812 assumes, that there was not only an intention, that the legal and equitable estates should not coalesce, but that they are actually separate. The sole subjects of the act are trusts — uses not executed. We think, too, that this…
2Cited by12 opinions
- Bowen v. LansingMichigan Supreme Court · 1901
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Patrick v. . BeattySupreme Court of North Carolina · 1932
- Mayo v. StatonSupreme Court of North Carolina · 1905
- Rowland Hardware & Supply Co. v. LewisSupreme Court of North Carolina · 1917
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