Hamilton v. Simms.

Circuit Court of North Carolina

Hamilton v. Simms.

11 F. Cas. 365, 3 N.C. 291

CourtU.S. Circuit Court for the District of North Carolina

DecidedDecember 5, 1803

StatusPublished

This text of 11 F. Cas. 365 (Hamilton v. Simms.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District 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. Simms., 11 F. Cas. 365, 3 N.C. 291 (circtnc 1803).

Pincite

Opinion

PER CURIAM.

This is a debt upon bond against the heir of the obligor; and if the plea of nothing by descent or devise be falsified by verdict, the judgment will be de *366 bonis propriis of the heir or devisee. And it will not help the defendant if the jury should find the value of the land on .such issue, for still the court would give the judgment against the defendant in jure proprio for the whole debt. Thereupon this plea was by consent withdrawn, and the lands devolved to the defendant in remainder set forth in a new plea.

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PER CURIAM.

This is a debt upon bond against the heir of the obligor; and if the plea of nothing by descent or devise be falsified by verdict, the judgment will be de *366 bonis propriis of the heir or devisee. And it will not help the defendant if the jury should find the value of the land on .such issue, for still the court would give the judgment against the defendant in jure proprio for the whole debt. Thereupon this plea was by consent withdrawn, and the lands devolved to the defendant in remainder set forth in a new plea.

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Bluebook (online)

11 F. Cas. 365, 3 N.C. 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-simms-circtnc-1803.