Burroughs v. McNeill
Supreme Court of North Carolina
The plaintiff, Bryan Burroughs, filed his bill against the defendant, Daniel McNeil, in the Superior Court of Equity for the county of Moore, on the 1st of September, 1835. The bill set forth in substance that the plaintiff was the executor of one Joseph Duckworth, who, by his last will, had be* certain negroes to his wife for life, but had made no effectual disposition of the residuary interest therein after her death — that Mrs. Duckworth died in the year 1829 — and the…
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The plaintiff, Bryan Burroughs, filed his bill against the defendant, Daniel McNeil, in the Superior Court of Equity for the county of Moore, on the 1st of September, 1835. The bill set forth in substance that the plaintiff was the executor of one Joseph Duckworth, who, by his last will, had be* certain negroes to his wife for life, but had made no effectual disposition of the residuary interest therein after her death — that Mrs. Duckworth died in the year 1829 — and the next 0f ¡fio 0f {¡10 plaintiff’s testator resided in different parts of the United States — that the plaintiff, having…
1Opinion of the Court
Gaston, Judge,
having stated the case as above, proceeded as follows: Upon the hearing, the right of the plaintiff to an indemnnity from the defendant, to the extent of the decree made against the plaintiff for the hire of the negroes while held by the defendant under the agreement, has not been contested; but it was insisted that the plaintiff might have enforced this indemnity, by an action at law upon the that the bond was in the hands of the defendant, by his mission, and might have been had at any tune, upon his demand; and that this being a case where a plain and adequate remedy could…
2Cited by22 opinions
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- Matter of Alamance County Ct. FacilitiesSupreme Court of North Carolina · 1991
- State v. . MillerSupreme Court of North Carolina · 1945
- Baker v. VarserSupreme Court of North Carolina · 1954
- Orinoco Supply Co. v. Shaw Bros. LumberSupreme Court of North Carolina · 1912
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