Miller v. . Washburn
Supreme Court of North Carolina
Appeals from two interlocutory orders made ill this cause at the Fall Term, 1843, of Cleaveland Court of Equity, his Honor Judge Dick presiding — the one dissolving the injunction and sequestration theretofore obtained by the plaintiff against the defendant Abraham Washburn, and the other refusing to dissolve the like injunction and sequestration against the defendant Josiah Washburn.
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Appeals from two interlocutory orders made ill this cause at the Fall Term, 1843, of Cleaveland Court of Equity, his Honor Judge Dick presiding — the one dissolving the injunction and sequestration theretofore obtained by the plaintiff against the defendant Abraham Washburn, and the other refusing to dissolve the like injunction and sequestration against the defendant Josiah Washburn. From the former t^ese ¿}ecrees £[ie plaintiffs appealed, and from the latter, the defendant Josiah Washburn. The bill states that Gabriel Washburn died in the year 1825, leaving a considerable landed estate and…
1Opinion of the CourtNash, J.
The equity of the complainants’ bill is, that a controversy existed in the- County-Court of Rutherford, as to the validity of the last will and testament of Gabriel Washburn, 'deceased, and, during its pendency, a compromise was entered into between the parties for its final adjustment — that these defendants were the propounders of the will, and the plaintiffs, or some of them, the caveators — and that the compromise was entered into in behalf of the whole of those who were interested in setting aside the paper writing — that by the compromise it was agreed the property should remain with…
2Cited by3 opinions
- Edwards v. Massey.Supreme Court of North Carolina · 1821
- McNamara v. IrwinSupreme Court of North Carolina · 1838
- Monroe v. . McIntryeSupreme Court of North Carolina · 1849