{
  "id": 8683613,
  "name": "ISAAC WRIGHT against HENRY BOWDEN AND LUTHER LOFTIN",
  "name_abbreviation": "Wright v. Bowden",
  "decision_date": "1853-12",
  "docket_number": "",
  "first_page": "15",
  "last_page": "17",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Jones Eq. 15"
    },
    {
      "type": "official",
      "cite": "54 N.C. 15"
    }
  ],
  "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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    "simhash": "1:6a796244ba3e8ba8",
    "word_count": 963
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  "last_updated": "2023-07-14T18:02:37.824767+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "ISAAC WRIGHT against HENRY BOWDEN AND LUTHER LOFTIN."
    ],
    "opinions": [
      {
        "text": "Nass, C. J.\nThe bill is to execute a decree heretofore made in the Court of Equity for Duplin County. The defendants file a general demurrer, and the cause is transferred by consent to this Court for argument.\nThe facts of the case as admitted by the demurrer are as follows: The plaintiff was appointed executor of the will\u2019 of James Wright, deceased, and trustee for his children. The testator'died in the year-, and the plaintiff was duly qualified as his executor: the will disposed of both real and personal property among testator\u2019s children, one of whom was John Beck Wright. A bill was filed by the present defendants, Daniel Bowden and Loftin, as purchasers of the equitable interest of John B. Wright, in certain slaves, bequeathed to the complainant, in trust for him, and by the other legatees and devisees under the will of James Wright, praying for a .determination of the trust and due delivery of the'property. John Beck Wright beame lunatic, pending the bill, and, by his committee, Robert T. Murphy was, by a supplemental bill, made a party: At a subsequent term of -the Court, by an interlocutory order, commissioners were appointed to divide the lands .and slaves among the claimants, and \u201cit is further ordered and decided by the Court, that .the part or portion of the real estate allotted to John B. Wright be allotted and set apart, subject .to a claim which Is.aa.c Wright, trustee, has against the said John B. Wright, for $231, with interest, &e., the said lien having .accrued to said Isaac Wright, he having purchased .a claim set up to John B- Wright\u2019s interest in said lands, to prevent litigation and the title from being \u00a1clouded. The report of the commissioners was duly made and returned to the Spring Term, 1851, of Puplin .Court of Equity, where the following .decree was made: \u201c The cause coming on to be heard .on the bill, &c.,. it is ordered, by the Court, that the report, as returned, be confirmed in all things, and it is ordered, and adjudged, and decreed, that lot No.. 1 b,e .assigned to Robert T. Murphy, for the use of John B. Wright, a lunatic, Robert T- Murphy being his guardian or committee., and it is considered by the Court, and it is hereby decreed, that lot Nq, 1, described by the .commissioners in the report to this term, be and remain liar ble for -the sum o.f $231, with interest from 19th Eebuary, 1849, due to Isaac Wright, ,as appears in the interlocutory order of the last term of this Court.. The said lot No. 1 t.o he and continue responsible for the ..above-mentioned sum, until the same is paid.\u201d By the .sa\u00edne decree, Isaac Wright was discharged from his .trust, .-Subsequently thereto, John Wright was., by an inquisition de inquirendo lun\u00e1tico., found to he of -.sound rnind., and he .sold the ..defendants, Bowden and Loftin., lot No,. 1,\nThe decree.above set forth is still in force., and never has been performed- No part of the money .decreed to Isaac Wright has been paid to him. This bill is to execute it.\nIn a bill to execute a decree, the principle of that decree .as its basis,.and it s,e.eks merely to carry it into effect. Such a bill may be filed where an omission has been made in consequence of all the facts not appearing on the record.\u2014 Hodson t. Ball, 1 Ph. 181. Or where, owing to the neglect of parties to proceed under it, their \"rights have become embarrassed by subsequent events, and a new decree is necessary to ascertain them. Mitford, 95. The plain7 tiff, in such a bill, cannot impeach the decree. If it goes beyond the execution of it, it is a bill to impeach. The defendant, however, is under no such restriction, and may show that it ought not to be \u2022executed. If, however, it can be enforced under the ordinary process, it will be assumed to be correct. But the Court can, in respect of the special .application, examine the decree, and, if it be unjust, refuse its aid. Mitford, 97; 2 Dan. C. P. 1407; Hamilton v. Haughton, 2 Bligh, 169. As before remarked, the decree .sought to be executed by these proceedings, is still in force.. We have examined it, and see in it nothing unjust or un-equitable.. The .plaintiff, as .trustee of John B. Wright, advanced the sum decreed him for and on account of his cestui que trust, to quiet his title to .the land in question, and there is certainly no injustice on his part in asking, or the Court in decreeing, the repayment of it. It was necessary for the plaintiff to ask the aid of the Court. \u00a3lew parties had be.come interested, namely, the defendants Bowden and Lof-tin, by virtue of their purchase from,John B. Wright, after .he had been duly declared not to be a lunatic. AH these Tacts,are admitted by the demurrer.\nDemurrer oyerrulej.",
        "type": "majority",
        "author": "Nass, C. J."
      }
    ],
    "attorneys": [
      "O. 6r. Wright, for plaintiff.",
      "Winslow, for defendant."
    ],
    "corrections": "",
    "head_matter": "ISAAC WRIGHT against HENRY BOWDEN AND LUTHER LOFTIN.\nWhere a decree rendered in the Court of Equity has not Been executed by the neglect of the parties to proceed under it, and their rights are about to be embarrassed by subsequent events, and it appears that such decree is reasonable and just, a bill to enforce such decree will be entertained, and a new decree made in aid of the former one.\nCause removed from the Court of Equity, of Duplin County, at Eall Term, 1853, and came on to be heard on demurrer. All the facts and the pleadings necessary to a proper understanding of the question decided are recited in the opinion of the Court.\nO. 6r. Wright, for plaintiff.\nWinslow, for defendant."
  },
  "file_name": "0015-01",
  "first_page_order": 23,
  "last_page_order": 25
}