Prater v. . Miller

Supreme Court of North Carolina

Prater v. . Miller

10 N.C. 628

CourtSupreme Court of North Carolina

DecidedJune 5, 1825

StatusPublished

Cited by1 cases

This text of 10 N.C. 628 (Prater v. . Miller) 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

Prater v. . Miller, 10 N.C. 628 (N.C. 1825).

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Opinions

I am unwilling to dismiss this bill, because I think it states a strong ground of equity, and whatever uncertainty there is as to the number of acres, or the amount of the plaintiff's account, may be reduced to a certainty by a survey and by a reference to the clerk. It is a circumstance entitled to weight that the plaintiff has been allowed to remain in possession for so great a length of time, and to make improvements. The bill is not drawn with sufficient precision, but I think it should go to a hearing.

And of this opinion were the rest of the Court; and now on the hearing:

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I am unwilling to dismiss this bill, because I think it states a strong ground of equity, and whatever uncertainty there is as to the number of acres, or the amount of the plaintiff's account, may be reduced to a certainty by a survey and by a reference to the clerk. It is a circumstance entitled to weight that the plaintiff has been allowed to remain in possession for so great a length of time, and to make improvements. The bill is not drawn with sufficient precision, but I think it should go to a hearing.

And of this opinion were the rest of the Court; and now on the hearing:

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Bluebook (online)

10 N.C. 628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prater-v-miller-nc-1825.

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