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Reports of Cases in Equity Argued and Determined in the Supreme Court of North Carolina (Volume 6; V. 41)

Reports of Cases in Equity Argued and Determined in the Supreme Court of North Carolina (Volume 6; V. 41)


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1850. Excerpt: ... Reed v. Cox. unless the same is in writing, signed by the donor and attested by at least one credible witness." Conscious of this obstacle, the prayer is varied in the latter part--if the plaintiff cannot receive Nelson as a gift, "then that it may be decreed that Jonathan Jacocks and the defendant, his administrator, may be decreed to be trustees for him, and upon his paying the S50 and interest, a conveyance may be decreed," &c. In substance it is the same prayer, and relies upon the same statement of facts to sustain it. Place them in any position you please, it is still an attempt to induce the Court to compel the defendant to carry into execution a parol promise to give to the plaintiff a negro. Calling it a trust does not make it one. In no point of view was Jonathan Jacocks an agent of the plaintiff's in making a purchase. Nor does the bill so charge. It is drawn with the view that there might not be a discrepancy between the allegata and probata. The whole of the conduct of Jonathan Jacocks and his declarations at the time of the purchase, show that he was purchasing for himself. If he has trespassed upon the rights of any, by his conduct at the sale, it was not upon those of the plaintiff. The cases cited in the argument, on behalf of the plaintiff, do not affect this case. In Jones v. Foster, 2nd Dev. and Bat. Eq. 201, the decision was upon the ground that the proofs did not support the allegations of the bill. That of Cook v. Redman, 2nd Ired. Eq. 623, was upon a bequest in a will. The testator gave two legacies to his son, the defendant, who had previously promised to hold one of them to the use of the plaintiff, his sister. This promise was held to create a trust in the defendant for the plaintiff. Here, according to the testimony, was a clea...


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Product Details
  • ISBN-13: 9781150376030
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 182
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1150376031
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 336 gr


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Reports of Cases in Equity Argued and Determined in the Supreme Court of North Carolina (Volume 6; V. 41)
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