{
  "id": 11275715,
  "name": "Windows vs. Mitchell",
  "name_abbreviation": "Windows v. Mitchell",
  "decision_date": "1806-06",
  "docket_number": "",
  "first_page": "127",
  "last_page": "128",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Mur. 127"
    },
    {
      "type": "official",
      "cite": "5 N.C. 127"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2263,
    "ocr_confidence": 0.361,
    "pagerank": {
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    "sha256": "d69c08fc90182a54bcd4bad014762c218d8c089258ecfcfd9810eeb811c2d74b",
    "simhash": "1:c14a688cf82839dd",
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  "last_updated": "2023-07-14T16:43:58.494236+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Taylor \u2014 Judge\u2014Contra, on both points.",
      "Locke \u2014 Judge, having been of counsel in the cause, g\u00e1v\u00ed> no opinion."
    ],
    "parties": [
      "Windows vs. Mitchell"
    ],
    "opinions": [
      {
        "text": "Macay and Hall \u2014 Judges,\ngave judgment for theTleren\u00bb' dant on the two first points \u2014 .No opinion was given on the third point.\nTaylor \u2014 Judge\u2014Contra, on both points.\nLocke \u2014 Judge, having been of counsel in the cause, g\u00e1v\u00ed> no opinion.",
        "type": "majority",
        "author": "Macay and Hall \u2014 Judges,"
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "Windows vs. Mitchell\n\u2014From Salisbury.\nA on his deathbed, directed b. hisfieicUoa and\u2019 set *sara there depo. in the event SB .'Yssl\u00b0 di~ yule among A\u2019s chit-(Iron *1 his is not; a\u00abdo \u201caus^to'1 clliU Defendant\u2019s of die J*\u00f1d ofWs8 oeived8 the notgood'e -science vest \u00fcie mo-a^trasie* rfVsoMU \u00e1ren, and defeat, pie statute\nThis was an action on the case for money had and received to the use of the plaintiff. \u2014 Adarii Windows the father of the plaintiff on liis death bed gave directions to the de- ^ fendant to go i^o his cornfield to a particular place therein pointed out and get a certain sum of money which he had deposited there, and in the event of his death, to divide the money among Iris six children, the plaintiff being one, Mitchell the defendant went to the place pointed out and found seven hundred and one dollars, thirty-five cents Adam Windows then made his will arid therein took no notice of this money \u2014 The only evidence adduced by the plain- * + vi tiff to prove the direction to the defendant to go into the field and get the money, and in the event of the death of Adam Windows, to divide it among his children also the defendant\u2019s having received the money and the amount thereof, was the acknowledgment of the defendant, who told one of ths witnesses* in addition to these facts* that he to discharge the plaintiff\u2019s demand. \u2014 The defendant was tins executor of Adam Window\u2019s Will.\nThe following questions were made in this cause and sent to this Court foi> the opinion of the Judges. 1st. Whether ^ie Klancy claimed by the plaintiff can be considered as a a donatio mortis causa. 2nd. Whether the defendant\u2019s no knowledgement of the facts stated in the case shall be deemed sufficient to defeat the statute of distributions and to vest ^ie morieJ ,a him as trustee for the use of Adam Window\u2019s children ; and his acknowledgment of this fact be good and sufficient evidence,thereof. 3rd. Whether an action at law can be maintained for the recovery o'f this ihoney, it being in the nature of a legacy ?"
  },
  "file_name": "0127-01",
  "first_page_order": 123,
  "last_page_order": 124
}