U.S. Circuit Court for the District of North Carolina, 1793

Abdee's case

Abdee's case
U.S. Circuit Court for the District of North Carolina · Decided July 1, 1793 · Crew, Doderidge, Jones
1 N.C. 146
Abdee's case

Concurring Opinion

Crew, C. J.

concurred. It is an encroachment on the court of Chancery, to give remedy when the deed is lost.

Per totam curiam. A suit may be brought there for the deeds; bur not for the rent or annuity.

Doderidge, J. I knew a bill thrown out of court brought by the devisee of a rent seck. M. 3 Car. B. A. Miller sued in the Court of Requests, because he had lost his bond: and a prohibition was granted, although it was said at the bar, that the grantee of the rent seck, who had lost his bond, was relieved in Chancery.

Jones, J. There is a great difference between the court of Chancery and that of Requests. C. L. 147.

Opinion of the Court

Doderidge, J.

If the lessee for twenty one years, grants a

rent for life, it is good during the term, and it is a chattel.

Crew, C. J.

I would not trust it in the court of requests.....

Jones, J.

.... to sue for the rent, on the supposition that the deed is lost. For it is contrary to a main principle of law. And when the lessee, as here, denies the truth of the fact, they ought not to proceed over.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.