Smith v. Heirs, Devisees & Legatees of Caswell

Superior Court of North Carolina

Smith v. Heirs, Devisees & Legatees of Caswell

3 N.C. 285

DecidedJuly 15, 1803

StatusPublished

This text of 3 N.C. 285 (Smith v. Heirs, Devisees & Legatees of Caswell) 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

Smith v. Heirs, Devisees & Legatees of Caswell, 3 N.C. 285 (N.C. Ct. App. 1803).

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Opinion

JohnctQTi, Judge,

decided, that notwithstanding these objections, the bill in equity wiil be —and decreed for the complainant. He raid, it is suiffcieut for the plaintiff that his execution was. returned — -i-nothsng to be found, lie. need make no further, proof. Possibly he might sue the heir open the bond. He imla-iu, perhaps, by proceeding against the repiesentatives of the ■w* sting executor, recover 5 btit he would meet with great difficulties in that way, if not be finally defeated: And why take, that course, when there is one more near and plain than the-one he has taken. There can be no doubt but that this, court han ■jurisdiction over the cause. The will directs the executors to. sell the lauds for the payment of debts; It is a trust in them, and this comí is properly called on to enforce the executioa, tlnueojU

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JohnctQTi, Judge,

decided, that notwithstanding these objections, the bill in equity wiil be —and decreed for the complainant. He raid, it is suiffcieut for the plaintiff that his execution was. returned — -i-nothsng to be found, lie. need make no further, proof. Possibly he might sue the heir open the bond. He imla-iu, perhaps, by proceeding against the repiesentatives of the ■w* sting executor, recover 5 btit he would meet with great difficulties in that way, if not be finally defeated: And why take, that course, when there is one more near and plain than the-one he has taken. There can be no doubt but that this, court han ■jurisdiction over the cause. The will directs the executors to. sell the lauds for the payment of debts; It is a trust in them, and this comí is properly called on to enforce the executioa, tlnueojU

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Bluebook (online)

3 N.C. 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-heirs-devisees-legatees-of-caswell-ncsuperct-1803.