Hamilton v. Heirs & Executors Haynes

Supreme Court of North Carolina

Hamilton v. Heirs & Executors Haynes

1 N.C. 413

DecidedJune 15, 1802

StatusPublished

This text of 1 N.C. 413 (Hamilton v. Heirs & Executors Haynes) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hamilton v. Heirs & Executors Haynes, 1 N.C. 413 (N.C. 1802).

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Opinion

Taylor, Johnston and Hall Judges.

The lands in Virginia, which descended to Elizabeth and Mary, the heirs of H. Haynes, were subject to the payment of his debts due by specialty, whereby he bound himself and heirs; and the heirs, having sold the lands and received the value of them, are liable to pay the complainants the amount of the money so received, notwithstanding the sale of the lands took place before the commencement of the action. We are therefore of opinion, that the decree as pronounced in the District Court is right, and ought to be carried into execution.

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Taylor, Johnston and Hall Judges.

The lands in Virginia, which descended to Elizabeth and Mary, the heirs of H. Haynes, were subject to the payment of his debts due by specialty, whereby he bound himself and heirs; and the heirs, having sold the lands and received the value of them, are liable to pay the complainants the amount of the money so received, notwithstanding the sale of the lands took place before the commencement of the action. We are therefore of opinion, that the decree as pronounced in the District Court is right, and ought to be carried into execution.

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Bluebook (online)

1 N.C. 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-heirs-executors-haynes-nc-1802.