Howard v. Person's heirs

Superior Court of North Carolina

Howard v. Person's heirs

3 N.C. 336

DecidedDecember 15, 1804

StatusPublished

This text of 3 N.C. 336 (Howard v. Person's heirs) is published on Counsel Stack Legal Research, covering Superior 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

Howard v. Person's heirs, 3 N.C. 336 (N.C. Ct. App. 1804).

Pincite

Opinion

npHE court granted a new trial, because General Person, the intestate, being bound by his ptomise to procure a tract of land of a certain description, for the plaintiff, by the time he should come of age; and having not done so, the jury should have assessed damagts according to the value of such lands at the time of his arriving to age ; whereas they assessed them by taking the value at the time of the verdict.

And we will not require of the defendants, as a condition of the new trial, that they shall not insist upon the act of limitations.

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npHE court granted a new trial, because General Person, the intestate, being bound by his ptomise to procure a tract of land of a certain description, for the plaintiff, by the time he should come of age; and having not done so, the jury should have assessed damagts according to the value of such lands at the time of his arriving to age ; whereas they assessed them by taking the value at the time of the verdict.

And we will not require of the defendants, as a condition of the new trial, that they shall not insist upon the act of limitations.

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Bluebook (online)

3 N.C. 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-persons-heirs-ncsuperct-1804.