Jones v. Jones' Ex'r

Supreme Court of North Carolina

Jones v. Jones' Ex'r

5 N.C. 96

CourtSupreme Court of North Carolina

DecidedDecember 5, 1805

StatusPublished

Cited by1 cases

This text of 5 N.C. 96 (Jones v. Jones' Ex'r) 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

Jones v. Jones' Ex'r, 5 N.C. 96 (N.C. 1805).

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Opinion

By the Court.

> — If the widow’s claim to a distributive share ot the crops growing on the lands of her husband at the time of his death be well founded (upon which point we shall 110 opinion) she must seek to enforce it in the way points out by the act of 1791, ch. 22. A court of Equity cannot exercise any oiiginal jurisdiction over the claim which she sets up. There is iio charge of fraud in the1 *97 extcution, nor such matter of account as will authorise court to take cognizance of the case—the bill must there-tore be dismissed.

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By the Court.

> — If the widow’s claim to a distributive share ot the crops growing on the lands of her husband at the time of his death be well founded (upon which point we shall 110 opinion) she must seek to enforce it in the way points out by the act of 1791, ch. 22. A court of Equity cannot exercise any oiiginal jurisdiction over the claim which she sets up. There is iio charge of fraud in the1 *97 extcution, nor such matter of account as will authorise court to take cognizance of the case—the bill must there-tore be dismissed.

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Bluebook (online)

5 N.C. 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-jones-exr-nc-1805.

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