Airs v. . Billops
Supreme Court of North Carolina
Cause-transmitted from the Court of Equity of Washington County. Under the will of David Airs, a negro slave, named Henry, was limited to the defendant Ellen, upon a contingency that,, if she should die without leaving a child, the property in the said slave should go over to the surviving brothers and sisters.
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Cause-transmitted from the Court of Equity of Washington County. Under the will of David Airs, a negro slave, named Henry, was limited to the defendant Ellen, upon a contingency that,, if she should die without leaving a child, the property in the said slave should go over to the surviving brothers and sisters. The bill charges that the plaintiffs, David T. Airs, and Edward W. and Olarkie, the wife of the plaintiff Waters, are three of the children of David, the testator; and, as such, are-entitled to the remainder in the said slave on the happening, of the contingency aforesaid. They allege…
1Opinion of the CourtPkarson, J.
On the opening of the cause, the defendants* counsel moved to dismiss the bill on the ground that the suit had never been properly instituted, for that the bill was fatally defective in this: It has no prayer for process to compel the defendant to appear and answer, which he contended was an indispensable prerequisite to the institution of the suit. — - For this position, Hoyt v. Moore, 4 Ire. Eq. Rep., 175, was relied on. That case is explained and commented upon in Williams v. Burnett, Busb. Eq. 209, and it is sufficient to say it was put upon its peculiar circumstances, and the exceeding…
2Cited by1 opinion
- Henly v. . LanierSupreme Court of North Carolina · 1876