Dick v. . Pitchford
Supreme Court of North Carolina
This bill was filed by John M. Dick, Daniel B. Pitch-ford, and Miles Pitchford, against Allen Pitchford, Hezekiah Pitchford, and Branch Pitchford; and its prayer was, the said Allen and Hezekiah might be decreed to surrender unto the complainant, John M. Dick, the possession of the negro slaves, Harriet, Solomon, Elvira, Sally and Frances; and to account with him for the profits of said slaves; and for general relief.
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This bill was filed by John M. Dick, Daniel B. Pitch-ford, and Miles Pitchford, against Allen Pitchford, Hezekiah Pitchford, and Branch Pitchford; and its prayer was, the said Allen and Hezekiah might be decreed to surrender unto the complainant, John M. Dick, the possession of the negro slaves, Harriet, Solomon, Elvira, Sally and Frances; and to account with him for the profits of said slaves; and for general relief. All the allegations of the bill were admitted by the defendant, Branch Pitchford, in his answer, to be true; the bill was taken pro confesso, against the defendant Hezekiah ;…
1Opinion of the Court
Gaston, Judge,
after stating the case as above, proceeded as follows: — Upon this case it is necessary in the first place, to ascertain the effect of the qualifications and restrictions imposed by the deed of settlement upon the use or beneficial interest thereby secured to Hezekiah Pitchford. The deed provides, that the trustee shall annually, during the life of the said Hezekiah, apply all the .rents and profits to his use and benefit The trustee has no discretion over these proceeds, and they belong wholly to the said Hezekiah. The deed does not provide that in the event of the said…
2Cited by24 opinions
- Crockett v. First Federal Savings & Loan Ass'n of CharlotteSupreme Court of North Carolina · 1976
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- American Trust Co. v. NicholsonSupreme Court of North Carolina · 1913
- Lee v. OatesSupreme Court of North Carolina · 1916
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