Shirley v. . Whitehead
Supreme Court of North Carolina
This was a bill filed by the complainant, in forma pauperis, (by order of a Judge,) returnable to the Fall Term, 1838, of Halifax Court of Equity. At the Fall Term, the answer of the defendant was filed, replication taken thereto, and an order for commissions. At Fall Term; 1839, the cause was set for hearing. At Spring Term, 1840, an issue was submitted to the jury, which they found in favor of the plaintiff.
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This was a bill filed by the complainant, in forma pauperis, (by order of a Judge,) returnable to the Fall Term, 1838, of Halifax Court of Equity. At the Fall Term, the answer of the defendant was filed, replication taken thereto, and an order for commissions. At Fall Term; 1839, the cause was set for hearing. At Spring Term, 1840, an issue was submitted to the jury, which they found in favor of the plaintiff. This verdict was set aside by the Court; and at Fall Term, 1840, it was ordered by consent, that the issue submitted to the jury be withdrawn, and that the cause be transmitted to the…
1Opinion of the Court
Gaston, Judge.
The object of this hill is to compel the defendant to pay over to the plaintiff a sum of money, which the defendant, as executor of Jonathan Dew, deceased, collected from Frederick Pitman, upon a bond executed by the said Pitman to the said Dew, and the beneficial interest whereof is alleged to have been transferred to the plaintiff by the obligee, in his lifetime. . The plaintiff charges that Jonathan Dew died in July, 1836, having previously executed his last will and testament, whereof he- appointed the defendant executor; that the deceased, for many months before his death,…
2Cited by1 opinion
- Newman v. . BostSupreme Court of North Carolina · 1898