Heathman v. Joseph Hall
Supreme Court of North Carolina
Cause removed from the Court of Equity of Ro wan, county, at the Spring Term, 1844. The bill sets forth, that Joseph Kincaid died in August 1840r and-that, by the proper tribunal, the plaintiff was duly appointed administrator upon his estate; that, some twenty years before the death of the intestate, he, being much embarrassed in his circumstances, a constable levied an execution upon ar negro Woman, named Lucy, and at the sale, the defendant,. Joseph Hall, a brother in-law…
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Cause removed from the Court of Equity of Ro wan, county, at the Spring Term, 1844. The bill sets forth, that Joseph Kincaid died in August 1840r and-that, by the proper tribunal, the plaintiff was duly appointed administrator upon his estate; that, some twenty years before the death of the intestate, he, being much embarrassed in his circumstances, a constable levied an execution upon ar negro Woman, named Lucy, and at the sale, the defendant,. Joseph Hall, a brother in-law of the intestate, became the purchaser, at what price, the plaintiff does not know, as the bill of sale which the…
1Opinion of the CourtNash, J.
The foundation of the plaintiff’s bill is, that, Joseph Kincaid being in embarrassed circumstances, a constable levied an execution on the negro Lucy, and it was agreed between him and the defendant, Hall, that he, Hall, should purchase said negro, and permit the said Kincaid to redeem her, and the gravaman is, that, in violation of that contract, he has conveyed the negro Lucy and all her increase to the widow of Kincaid, the defendant Eleanor, for her life, and after her death, the negro Simon to Sarah Wells Kincaid, and Betty, the child, to Lucinda Kincaid, the other two defendants, and,…
2Cited by1 opinion
- Ashcraft v. . LittleSupreme Court of North Carolina · 1846