Lee v. . Pearce
Supreme Court of North Carolina
Civil action tried before Clarke, J, at the Fall Term, 1872, of the Superior Court of Craven county. The plaintiffs claim certain real property in the town off Newbern, under the will of Mary A. Lindsay, the aunt of' the feme plaintiffs, Elizabeth and Winnifred.
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Civil action tried before Clarke, J, at the Fall Term, 1872, of the Superior Court of Craven county. The plaintiffs claim certain real property in the town off Newbern, under the will of Mary A. Lindsay, the aunt of' the feme plaintiffs, Elizabeth and Winnifred. The will was; dated loth October, 1869, and admitted to probate the 23d April, 1870. Besides the real estate given to her nieces, and to the Trustees of the Baptist Church, of which the testatrix had been a member for a number of years, she bequeathed to the nieces her personal property. In their complaint the plaintiffs state, that…
1Opinion of the CourtPearson, C. J.
“The innocence of a party who has profited by a fraud will not entitle him to retain the fruit of another man’s misconduct, or exempt him fromfjthe duty of restitution.” Adams Eq. 176. So the ease*'may he relieved from complication, by the fact that the deed is made to Mrs. Pearce, and may be treated as if it had been made to Pearce, to whom the fraud is imputed.
The provision in our present constitution, by which the distinction between actions at law and suits in equity, is abolished, and the subsequent legislation effects only the mode of procedure, and leaves the principles of law and…
Also in this document: Per curiam.
2Cases cited2 opinions
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- Goldsborough v. . TurnerSupreme Court of North Carolina · 1872
3Cited by69 opinions
- Forbis v. NealSupreme Court of North Carolina · 2007
- Terry v. TerrySupreme Court of North Carolina · 1981
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Fox v. WilsonCourt of Appeals of North Carolina · 1987
- McLeod v. . BullardSupreme Court of North Carolina · 1881
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